PRIVACY POLICY

1. OVERVIEW

 KEEPING COMPANY is committed to privacy protection and compliance with applicable privacy laws and standards, and will manage personal information in an open and transparent way. KEEPING COMPANY will fulfil its obligations under the Privacy Act of 1988 (including the Amendment (Enhancing Privacy Protection) Act 2012 (Cth)), by complying with the Australian Privacy Principles (APPs). These 13 principles detail how organisations should collect, update, use, keep secure or where necessary disclose and give access to personal information, as well as how complaints should be handled and how, in some circumstances, anonymity can be maintained.

2. SCOPE

This policy applies to all employees, contractors, customers and suppliers. It applies to the collection, updating, use, storage, disclosure and access to personal and sensitive information that can be recorded in any format including, but not limited to, information held in writing, online, digitally or by electronic means, including mobile phones and USB sticks.

3. POLICY

3.1 COLLECTION

3.1.1 Your personal information

Information collected and held by KEEPING COMPANY could include name, current and previous address, telephone number(s), driver licence number, bank account details, Tax File Number, date of birth, diversity status, and relevant sensitive (e.g. health) information, as well as details of your trading with us e.g. numbers, financial and business details (suppliers and customers) information.

KEEPING COMPANY will:
3.1.1.1 where reasonable and practicable to do so, collect personal information about an individual from that individual

3.1.1.2 ensure that individuals are aware that, in some circumstances, information may be provided anonymously or by using a pseudonym unless
a. KEEPING COMPANY is required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves; or
b. it is impracticable for KEEPING COMPANY to deal with individuals who have not identified themselves or who have used a pseudonym

3.1.1.3 not collect, update, use, store or disclose personal, health or business information to another party without written consent from an individual, business or KEEPING COMPANY

3.1.1.4 only collect personal information that is necessary for its functions or activities

3.1.1.5 only collect information by lawful and fair means, without unwarranted coercion and in a way that is not unreasonably intrusive

3.1.1.6 if personal information is collected from someone other than the individual, take reasonable steps to ensure that the individual is made aware of the matters listed above except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual

3.1.1.7 inform all managers and staff by way of the Privacy Policy that no personal information or business details are to be given to another party without the consent/and or guidance of the National Senior Executive Human Resources or Chief Executive Officer

3.1.1.8 inform the party/s concerned of the reason for collecting, using, storing or disclosing such information

3.1.1.9 inform the party/s concerned of the main consequences if all or part of the information is not provided.

3.1.2 Where our information comes from

KEEPING COMPANY collects personal information in a number of ways:

3.1.2.1 directly from you when you apply to us for employment as part of our recruitment of employees process, or training services, on an application form

3.1.2.2 from freely available “public domain” information sources e.g. telephone directories

3.1.2.3 from our own records of how and when you use our various services

3.1.2.4 from third parties, such as previous employers or organisations you have dealt with in the past and volunteered by you as a reference for the purposes of employment or credit checks prior to the opening of an account with us.

3.1.3 Unsolicited information

3.1.3.1 If KEEPING COMPANY receives unsolicited personal information, we will, within a reasonable period after receiving the information, determine whether or not the information could have been collected by lawful and fair means.

3.1.3.2 If KEEPING COMPANY determines that the information could have been collected by lawful and fair means, we will apply the Australian Privacy Principles in relation to the information as if we had collected the information under the Australian Privacy Principles.

3.2 USE AND DISCLOSURE

3.2.1 How we use information

KEEPING COMPANY will only use this information to:

3.2.1.1 provide the service(s) you have requested. This may be payment for work done, invoicing for work completed by one of our employees, or providing training services and reporting results

3.2.1.2 manage those services in order to provide the optimum level of service for your individual needs

3.2.1.3 conduct appropriate credit, police and/or “Working with Children” checks, and pre-employment checks e.g. reference checking or pre-employment medical advice

3.2.1.4 advise you of other services that we provide, that may be of interest to you.

3.2.2 When we use or disclose information

3.2.2.1 KEEPING COMPANY will only disclose information about you to others on an as needs basis or where required by law. These people or organisations may include,
a) your authorised representative or legal advisors b) banks or credit providers for payroll purposes or credit related functions such as the provision of account facilities c) government and statutory authorities, where required by law, for example the reporting of training results for a registered trainee; Australian Taxation Office; or nominated superannuation fund d) KEEPING COMPANY’s Privacy Officer who believes that use of the information is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person.

3.2.2.2 KEEPING COMPANY will only use or disclose personal information for a purpose (the secondary purpose) other than the primary purpose of collection if:
a) the individual has consented to the use or disclosure of the information or b) the individual would reasonably expect the information to be used or disclosed for the secondary purpose and c) if the information is sensitive, it is directly related to the primary purpose or d) if the information is not sensitive, it is related to the primary purpose or e) the use or disclosure of the information is required or authorised by or under an Australian law or court/tribunal order or f) a permitted general situation exists or g) a permitted health situation exists or h) KEEPING COMPANY reasonably believes that the use or disclosure is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

3.2.3 Direct marketing

3.2.3.1 KEEPING COMPANY may use personal information (other than sensitive information) about an individual for the purposes of direct marketing if:

  1. KEEPING COMPANY collected the information from the individual and the individual would reasonably expect KEEPING COMPANY to use the information for that purpose; or
  2. KEEPING COMPANY collected the information from someone other than the individual and either;

(i) the individual has consented to the use or disclosure of the information for that purpose; or
(ii) it is impracticable to obtain that consent.

  1. KEEPING COMPANY may use personal contact details for the purposes of direct marketing if:

(i) KEEPING COMPANY is a contracted service provider for a Commonwealth contract; and
(ii) KEEPING COMPANY collected the information for the purpose of meeting (directly or indirectly) an obligation under the contract; and
(iii) the use is necessary to meet (directly or indirectly) such an obligation.

And for any of the above situations, KEEPING COMPANY will provide a simple means by which the individual may easily request not to receive direct marketing communications from KEEPING COMPANY and will make all reasonable efforts to ensure no further direct marketing is sent to those contact details.

3.2.3.2 KEEPING COMPANY will not disclose personal or sensitive information to any other party through direct marketing.

3.2.3.3 KEEPING COMPANY will make all reasonable efforts to remove the individual’s contact and personal details if the individual communicates this request through the response point to the origin of the direct marketing or through any other KEEPING COMPANY corporate communication media.

3.2.3.4 If KEEPING COMPANY uses personal information about an individual for the purpose of direct marketing by KEEPING COMPANY or to facilitate direct marketing by other organisations the individual may:

  1. request not to receive direct marketing communications from KEEPING COMPANY
  2. request KEEPING COMPANY not to use or disclose the information for the purpose of direct marketing by other organisations
  3. request KEEPING COMPANY to provide its source regarding this information.

3.2.3.5 If and when an individual makes a request under the above sub-clause 3.2.5.4;

  1. KEEPING COMPANY will not charge the individual for the making of, or to give effect to, the request to remove their details from future direct marketing; and
    b. if the request is not to receive direct marketing communications from KEEPING COMPANY for its own direct marketing or for the facilitating direct marketing by other organisations, KEEPING COMPANY must give effect to the request within a reasonable period after the request is made; and
  2. if the request is that KEEPING COMPANY provide its source of information, KEEPING COMPANY will, within a reasonable period after the request is made, notify the individual of its source unless it is impracticable or unreasonable to do so.3.3 DATA QUALITY – HAVE WE GOT THE RIGHT INFORMATION?

KEEPING COMPANY will:

3.3.1 take such steps (if any) as are reasonable in the circumstances to ensure that the personal information we collect, use and where appropriate disclose to others is accurate, complete, and up to date

3.3.2 if satisfied that, having regard to the purpose for which the information is held, the information is inaccurate, out of date, incomplete, irrelevant or misleading or;

3.3.3 if the individual requests KEEPING COMPANY to correct the information take such steps (if any) as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading

3.3.4 when correcting personal information about an individual that we previously disclosed to another organisation also respondent to the Australian Privacy Principles, and if the individual requests us to do so, we will take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so

3.3.5 give the individual a written notice

if we refuse to correct the personal information, as requested by the individual, setting out
a. the reasons for the refusal except to the extent that it would be unreasonable to do so; and
b. the mechanisms available to complain about the refusal and
c. any other matter prescribed by the regulations.

3.3.6 if the individual and KEEPING COMPANY disagree about whether the information is inaccurate, incomplete, out of date, irrelevant or misleading, and the individual asks KEEPING COMPANY to associate with the information a statement that the information is inaccurate, incomplete, out of date, irrelevant or misleading, KEEPING COMPANY will take such steps as are reasonable in the circumstances to associate the statement in such a way that will make the statement apparent to users of the information.

3.4 DATA SECURITY

KEEPING COMPANY will:

3.4.1 take reasonable steps to ensure the information held is protected from misuse, interference and loss as well as from unauthorised access, modification or disclosure. Limited access will be given to authorised personnel only, and only where KEEPING COMPANY believes they reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs

3.4.2 have physical, electronic, and procedural safeguards in place that comply with federal regulations to protect personal and business information about you

3.4.3 store information electronically or in paper files secured in locked cabinets

3.4.4 take reasonable steps to destroy or permanently de-identify personal information if it is no longer required, is not contained in a Commonwealth record, and KEEPING COMPANY is not required by or under an Australian law, or a court/tribunal order, to retain the information.

3.5 OPENNESS

3.5.1 This Privacy Policy sets out KEEPING COMPANY’s corporate policy on management of personal information and is available to anyone who asks for it. It can also be accessed via our website: www.keepingcompany.com.au

3.5.2 If a copy of KEEPING COMPANY’s Privacy Policy is requested in a particular form, KEEPING COMPANY will take such steps as are reasonable in the circumstances to provide a copy in that form.

3.5.3 On request KEEPING COMPANY will take reasonable steps to let a person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses, updates and discloses that information about a person.

3.6 ACCESS AND CORRECTION

3.6.1 Your rights to access

3.6.1.1 You have the right to access any information held by KEEPING COMPANY about you, subject to some restrictions listed in Federal Government legislation
For example:

  1. if providing access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or
    b.if providing access would have an unreasonable impact upon the privacy of other individuals; or
    c. the request for access is frivolous or vexatious; or
    d. the information relates to existing or anticipated legal proceedings between KEEPING COMPANY and the individual, and would not be accessible by the process of discovery in those proceedings; or
    e. providing access would reveal the intentions of KEEPING COMPANY in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
    f. providing access would be unlawful; or
    g. denying access is required or authorised by or under an Australian law or a court/tribunal order; or
    h. KEEPING COMPANY has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to KEEPING COMPANY’s functions or activities has been, is being, or may be engaged in; and
    i. providing access would be likely to prejudice the taking of appropriate action in the matter; or
    j. providing access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
    k. providing access would reveal evaluative information generated within KEEPING COMPANY in connection with a commercially sensitive decision-making process.

3.6.1.2 However where providing access would reveal evaluative information generated within KEEPING COMPANY in connection with a commercially sensitive decision making process, KEEPING COMPANY may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.

3.6.1.3 If KEEPING COMPANY is not required to provide the individual with access to the information because of one or more of above stated reasons, KEEPING COMPANY will, where reasonable in the circumstances, give access in a way that meets the needs of both KEEPING COMPANY and the individual, including through the use of a mutually agreed intermediary.

3.7 GOVERNMENT RELATED IDENTIFIERS

3.7.1 KEEPING COMPANY will not adopt a government related identifier of an individual as its own identifier of the individual unless:

  1. required or authorised by or under an Australian Law or a court/tribunal order; or
    b. the identifier is prescribed by the regulations; and
    c.KEEPING COMPANY is prescribed by the regulations, or is included in a class of organisations prescribed by the regulations; and
    d. the adoption, use or disclosure occurs in the circumstances prescribed by the regulations.

3.7.2 KEEPING COMPANY will not use or disclose a government related identifier of an individual unless:

  1. the use or disclosure of the identifier is reasonably necessary to verify the identity of the individual for the purposes of our activities or functions; or
    b. the use or disclosure of the identifier is reasonably necessary to fulfil our obligations to a government agency of State or Territory authority; or
    c. the use or disclosure of the identifier is required or authorised by or under an Australian law or a court/tribunal order; or
    d. a permitted general situation exists in relation to the use or disclosure of the identifier; or
    e. KEEPING COMPANY reasonably believes that the use or disclosure of the identifier is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, and enforcement body.

3.8 ANONYMITY

Wherever it is lawful and practicable, individuals will have the option of not identifying themselves, or of using a pseudonym, when dealing with KEEPING COMPANY, except:

3.8.1 when KEEPING COMPANY is required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves or;

3.8.2 it is impracticable for KEEPING COMPANY to deal with individuals who have not identified themselves or who have used a pseudonym.

3.9 CROSS-BORDER DISCLOSURE OF PERSONAL INFORMATION

 3.9.1 KEEPING COMPANY will only transfer personal information about an individual to someone (other than within our organisation or to the individual) who is an overseas recipient if:

  1. KEEPING COMPANY has taken reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to the information; or
    b.KEEPING COMPANY reasonably believes that the recipient of the information is subject to a law, binding scheme or voluntarily complies with such a law or scheme if not covered by it, that has the effect of protecting the information in a way that is substantially similar to the Australian Privacy Principles, and
    c. there are mechanisms that the individual can access to take action to enforce that protection of the law or binding scheme; or
    d. the individual consents to the disclosure, in which case;
    e. KEEPING COMPANY will expressly inform the individual that if he or she consents to the disclosure of the information, we will not take reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to the information however we will then re-check that the individual still consents to the disclosure
    f. the disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or
    g. a permitted general situation exists in relation to the disclosure of the information by KEEPING COMPANY
    h. the disclosure of the information is required or authorised by or under an international agreement relating to information sharing to which Australia is a party; or
  2. KEEPING COMPANY reasonably believes that the disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body; and
    j.the recipient is a body that performs the functions, or exercises powers, that are similar to those performed or exercised by an enforcement body.

3.10 SENSITIVE INFORMATION

3.10.1 KEEPING COMPANY will not collect sensitive information about an individual unless:

  1. the individual has consented to the collection of the information; and
    b.the information is reasonably necessary for one of more of our functions or activities; and
    c. the information relates solely to individuals who have regular contact with KEEPING COMPANY in connection with our activities; or
    d. the collection of the information is required or authorised by or under an Australian law or a court/tribunal order; or
    e. a permitted general situation exists in relation to the collection of the information; or
  2. a permitted health situation exists in relation to the collection of the information.

3.11 REQUESTS FOR INFORMATION

3.11.1 KEEPING COMPANY will not disclose any personal information without first establishing the identity of the person requesting the information.

3.11.2 If access to personal information held by KEEPING COMPANY is required, a written request specifying the information sought may be made to an individual’s usual contact at KEEPING COMPANY or the Privacy Officer. Adequate identification by or authority from an individual must be supplied to KEEPING COMPANY before any personal information will be provided

3.11.3 Access to personal information will be provided within five business days of receiving a request. If this cannot be complied with KEEPING COMPANY will advise within the five day period when access will be provided.

3.11.4 The nature and the timing of access will be agreed between KEEPING COMPANY and the individual.

3.11.5 KEEPING COMPANY may charge a reasonable fee for providing access to personal information, (but not for lodging a request for access).

3.11.6 If KEEPING COMPANY refuses access due to subclause 3.6.1.1, we will provide written notice to the individual which sets out:
a. the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so
b. the mechanisms available to complain about the refusal; and
c. any other matter prescribed by the regulations.

3.12 COMPLAINTS

3.12.1 Any complaint by an individual regarding KEEPING COMPANY’s management or handling of personal information should be directed to KEEPING COMPANY’s Privacy Officer. Contact details are set out below.

3.12.2 To enable a complaint to be properly understood and acted upon it is requested that it be made in writing, specifying the personal information involved and the contact or process at KEEPING COMPANY that is the subject of the complaint.

3.12.3 All complaints will be acknowledged within three (3) working days of receipt. Contact details of the person dealing with the complaint and the Privacy Officer will also be advised to the individual making the complaint at this time.

3.12.4 Complaints will be responded to within fifteen (15) working days. If this is not possible the individual will be advised as to when KEEPING COMPANY expects to be able to respond.

3.12.5 If KEEPING COMPANY’s response does not resolve the complaint KEEPING COMPANY and the individual will, in good faith, promptly agree to a process and time frame for dealing with the complaint.

4. RESPONSIBILITIES

4.1 PRIVACY OFFICER

The responsibilities of the Privacy Officer will include:

4.1.1 investigating any complaints raised with respect to privacy and personal information

4.1.2 reviewing he organisation’s current and future practices and procedures to ensure compliance with this policy and current legislation

4.1.3 reviewing this policy and advising on the education of management and staff of their responsibilities under this policy and providing information on the Privacy and Health Records Acts.

If you have any questions relating to privacy or the storage of information about you, please contact us on: 1300 784 122 and ask for the Privacy Officer

DISCLAIMER

The contents of this website are intended for informational purposes only. KEEPING COMPANY shall in no event accept any liability for loss or damage suffered by any person or body due to information provided on this site or linked sites.

KEEPING COMPANY recommends that users exercise their own skill and care with respect to their use of this web site and that users carefully evaluate the relevance and the accuracy of the material on the web site for their purposes.

KEEPING COMPANY monitors the quality of information used and updates the information regularly.

This website is not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.