1. INTRODUCTION
ASWEK Pty Ltd & Casperson Partners Pty Ltd trading as
Elders South West Rocks is committed to its clients' privacy.
We are committed to safeguarding your privacy by ensuring your information is protected in a way that observes our own corporate values, as well as complying with the requirements of the National Privacy Principles ("NPP's") stipulated in the Privacy Act (Cth) (1988), as amended (the "Act").
This Policy sets out the minimum procedures for safeguarding your privacy.
2. DEFINITIONS
2.1 Personal Information
Your personal information includes details such as name, address, date of birth and contact details (such as phone and fax numbers, e-mail addresses).
2.2 Sensitive Information
Sensitive information is a subset of personal information and by its "sensitive" nature may have the potential to be used to discriminate against someone. Therefore the recording of it has stricter requirements than other types of personal information.
Examples of sensitive information include but are not limited to opinions on your health, criminal records, sexual preferences, religion etc. Sensitive information can only be recorded if it is relevant to do so and with your consent. Generally, sensitive information is not considered relevant to the assessment of account applications or to the provision of most rural services.
2.3 Scope of Policy
The objective of this Policy is to protect your personal (and/or sensitive) information. The Privacy Protection Principles are set out below.
3. OUR PRIVACY PRINCIPLES
3.1 Collection of Personal Information (National Privacy Principle I)
Where you have requested a product or service, we collect your personal information where it is necessary primarily to identify you or your business entity and to assess and establish the product or service you have requested.
3.2 Your Rights and the Disclosure of Personal Information
You need not give personal information about yourself that may be requested by us to supply our products and services. However, without that information, we may not be able to provide you with the products or services you requested.
3.3 Use of Information (National Privacy Principle 2)
We collect your personal information and use the information to provide products and services requested by you. We may also use your personal information for related purposes, such as a credit agency reference, in accordance with the Act. Your personal information may also be used to complete internal business functions such as auditing, management reporting, research, product development and planning.
3.4 Disclosure of Information (National Privacy Principle 2)
In providing products and services we may disclose your personal information to organisations that carry out functions on our behalf. This may include but not be limited to sales agents, mailing houses for the purposes of issuing statements and other correspondence relating to your account(s) with us and other services providers we may use in the provision of secondary services. This includes external auditors, computer and information technology service providers for computer, internet, network distribution and related functions.
We may also use and disclose your personal information to complete certain internal business functions such as internal auditing, performance reporting, research, product development and planning.
We will only use or disclose personal information about an individual for a secondary purpose if:
(a) the information is health information and the use or disclosure is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety and if:
(i) it is impracticable for us to seek the individual's consent before the use or disclosure;
(ii) the use or disclosure is conducted in accordance with guidelines approved by the Privacy Commissioner under section 95A of the Privacy Act for the purposes of this subparagraph;
(iii) in the case of disclosure - we reasonably believe that the recipient of the health information will not disclose the health information, or personal information derived from the health information.
(b) we reasonably believe that the use or disclosure is necessary to lessen or prevent:
(i) a serious and imminent threat to an individual's life, health or safety; or
(ii) a serious threat to public health or public safety;
(c) we have reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
(d) the use or disclosure is required or authorised by or under law; or
(e) we reasonably believe that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of law imposing a penalty or sanction or breaches of a prescribed law;
(ii) the enforcement of laws relating to the confiscation of the proceeds of crime;
(iii) the protection of the public revenue;
(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
If we use or disclose personal information under (h) above, we will make a written note of the use or disclosure.
3,5 Marketing
We will only use or disclose personal information about an individual for the secondary purpose of direct marketing if:
(i) it is impracticable for us to seek the individual's consent before that particular use;
(ii) we will not charge the individual for giving effect to a request by the individual to Elders not to receive direct marketing communications;
(iii) the individual has not made a request not to receive direct marketing communications;
(iv) in each direct marketing communication with the individual, we draw to the individual's attention, or prominently displays a notice, that he or she may express a wish not to receive any further direct marketing communications; and
each written direct marketing communication by us with the individual (up to and including the communication that involves the use) sets out our business address and telephone number and, if the communication with the individual is made by fax, or other electronic means, a number or address at which we can be directly contacted electronically.
3.6 Data Quality (National Privacy Principle 3)
We will take reasonable steps to ensure your personal information that it collects uses or discloses, is at all times, kept accurate, complete and up to date.
You should advise us immediately when you become aware that any information we hold about you is incorrect or out of date. We undertake to amend our records as soon as practical after we are advised, subject to the validity of the request being confirmed.
3.7 Data Security (National Privacy Principle 4)
We will take all reasonable steps to protect the personal information we hold from misuse and loss and from unauthorised access, modification and disclosure. We will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose.
Your information may be stored in paper or electronic format.
Security measures implemented with respect to our IT systems will take account of internal and external recommendations, general industry practice and technological development in the provision of IT security services.
Our IT security measures include state of the art firewall technology, encryption of internet and phone services provision of unique user identification and password codes to your account(s).
When using our internet services we may use "cookies" to ascertain product preferences and tailor future visits to the site to suit them. Most web browsers can be configured so as not to accept cookies, however the site functionally may be restricted as a result. Other than statistical information we do not collect information about you through our web site other than where you provide it.
3.8 Openness of Our Practices (National Privacy Principle 5)
This document sets out our policies with respect to the management of any personal information (and/or sensitive information) received by us. We endeavour to make it immediately available to anyone who requests it.
On request by an individual, we will take reasonable steps to let the individual know, generally, what sort of personal information we hold, for what purposes, and how we collect, use and disclose that information.
3.9 Access (National Privacy Principle 6)
You are entitled to access personal information we may hold about you. The type of information that you may request is your personal information as well as any comments, opinions and file notes that we hold about you.
We will process your request within a reasonable time, generally 14 days for a straightforward request. However additional time may be needed depending on the nature of the request.
There is no fee for lodging a request for personal information. However, we reserve the right to recover reasonable costs associated with processing the request. You will be advised the cost, if any, before we proceed.
We are not required to provide you with access to your information in some cases ie where the law allows us to deny access. If we deny you access to your information you will be advised the reason why.
A request to access your personal information must be directed to the our Privacy Officer at:
Telephone: (02) 6566 6666
Fax: (02) 6566 6300
Postal address: 12 Prince of Wales Avenue, South West Rocks. 2431
Email: SouthWestRocksRE@elders.com.au
3.10 Correction
You may ask us at any time to correct personal information we hold about you. The company undertakes to correct the information within a reasonable time provided it is satisfied as to the validity of the request being confirmed. If we cannot confirm the validity of your request you will be advised that we have not acted on it and the reason why. If we disagree with your request to correct information it holds, you have the right to request a statement be held with that information noting your disagreement.
3.11 Identifiers (National Privacy Principle 7)
We will not adopt as our own identifier, the unique identifier that a Commonwealth
Government agency has assigned to you (e.g. tax file number, Medicare number or pension number). We will not use or disclose an identifier assigned to you by a Commonwealth
Government agency unless such use or disclosure:
(a) is necessary for us to fulfil its obligations to the Commonwealth Government agency;
(b) is in the interest of health or safety or authorised or required by or under law, or in the public interest; or
(c) is sanctioned by law.
3.12 Anonymity (National Privacy Principle 8)
In complying with the NPP's, we will allow our customers to interact anonymously wherever it is lawful and practical to do so.
3.13 Trans Border (overseas) Data Flows (National Privacy Principle 9)
Should you request a transaction or service where your personal information is required to be transferred to another country your personal information will only be transmitted if:
(a) we reasonably believe that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the
information that is substantially similar to the privacy protection legislation in Australia; or
(b) you consent to the transfer; or
(c) the transfer is necessary for the performance of a contract between the individual and us, or for the implementation of pre-contractual measures taken in response to your request; or
(d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between us and a third party; or
(e) the transfer is for your benefit; or
(f) it is not practicable to obtain your consent to the transfer; or
(g) it were practicable to obtain such consent, you would be likely to consent to it; or
(h) we have not taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with legal requirements imposed by Australia's privacy legislation.
3.14 Sensitive Information (National Privacy Principle 10)
If it is necessary to record sensitive information (such as health related information), we must obtain your specific consent to collect that information. Sensitive information is generally not required for most of our products and services. You are entitled to access any information that we record.
4. Information required for Statutory Compliance purposes
In addition to questions that we may ask to ensure general statutory compliance there may be special circumstances where we or our agents or representatives are required to seek additional information about you.
5. Further information or questions
We have a Privacy Officer appointed to manage, investigate, co-ordinate and respond to your inquiries, disputes lodged, information access and correction requests in accordance with our procedures and the NPP's.
All enquiries will be managed in a manner that is consistent with the National Privacy Principles.
The Privacy Officer will also provide you with contact details for the Privacy Commissioner if required where the company is unable to resolve a dispute to your satisfaction.
Our Privacy Officer can be contacted between 10.00am and 4.00pm Monday to Friday (excluding national public holidays) by:
Telephone:
(02) 6566 6666
Post:
The Privacy Officer
ASWEK Pty Ltd
12 Prince of Wales Avenue
South West Rocks 2431 |
