2. POLICY STATEMENT
(a) The proper management of personal information is important to HRBA. HRBA is committed to protecting and maintaining the privacy of clients’ personal information.
(d) Definitions used are consistent with those defined under the Privacy Act 1988 (Cth) (the “Act”).
3. WHAT PRIVATE INFORMATION DOES HRBA COLLECT?
(a) Personal Information
“Personal information” means information or an opinion about an identifiable individual, or an individual who is reasonably identifiable, whether or not the information or opinion is true or not and whether the information or opinion is recorded in a material form or not. Some “sensitive information” (described further below) can also be “personal information” where it falls within the definition of “personal information”.
(b) Collection of Personal Information
(i) HRBA collects most personal information through the Website, the HRBA Platform or HR Help or from direct communication with its clients. The personal information collected by HRBA may include workers’ name, postal address, email address, phone number, mobile phone number, information about your workers or your business or other information considered necessary for any enquiry, request, order or application process being undertaken on HRBA or HR Help.
(ii) Collection of some of your workers’ personal information is essential for completion of some of the functions and activities of HR Help. We will, if it is reasonable or practicable to do so, also collect your workers’ personal information directly from you. For instance, the collection of you or your workers’ personal information may happen when you:
(A) click on a “Subscribe” button and agree to proceed to fill out a form;
(B) complete and submit a “contact form”, an “order form”, complete an online survey and make purchase of products or services and any similar form that is made available on this Website that invites you to submit personal information about you, your workers or a business entity to which you are connected;
(C) submit an email or message to us through the Website, the HRBA Platform or HR Help or otherwise; or
(D) provide information by telephone, email or other communication method.
(iii) We may also collect personal information:
(A) from third parties such as credit reporting agencies or your representatives;
(B) from publicly available sources of information;
(C) from our third party service partners;
(D) from our own records of how you use our services; or
(E) when legally required to do so.
(iv) No matter how personal information is collected, it is dealt with by us in accordance with the Australian National Privacy Principles.
(v) If you choose not to provide personal information to us, we may not be able to provide you with the products and services you require including high quality and relevant services that meet your requirements.
(vi) You or your workers’ name, current and previous addresses, telephone numbers, email addresses, your employer and employment details or the engaging entity and contract for services, if provided directly by you and as relevant for our purposes, your preferences and interests as relevant to your subscription or subscription with HRBA, and information we require to perform our services to you.
(vii) Personal information entered into the HR Help database will not be used or disclosed by us, except as authorised by you or as is reasonably necessary for the purposes that may be outlined to you.
(viii) You acknowledge that part of the software that underlies the HRBA Platform and HR Help are provided by third parties. All reasonable steps will be taken to ensure that information stored on the third parties’ software providers remain private and confidential.
(ix) Should you choose not to provide us with your workers’ personal information we may not be able to provide you with the services or may not be able to provide you with the services to a sufficient level that we regard as best practice.
(c) “Sensitive information” is a subset of personal information and is defined as:
(i) Information or an opinion (that is also personal information) about an individual’s:
(A) racial or ethnic origin;
(B) political opinions;
(C) membership of a political association;
(D) religious beliefs or affiliations;
(E) philosophical beliefs;
(F) membership of a professional or trade association;
(G) membership of a trade union;
(H) sexual orientation or practices; or
(I) criminal records.
(ii) Health information about an individual (refer to B.74-B.78 of the Act);
(iii) Genetic information (that is not otherwise health information;
(iv) Biometric information that is to be used for the purpose of biometric verification or biometric identification; or
(v) Biometric templates (s.6(1) of the Act).
4. USE AND DISCLOSURE OF PERSONAL INFORMATION
(a) HRBA collects personal information where it is reasonably necessary for one or more of its functions and/or activities. Some of the purposes for which HRBA collects, holds, uses and discloses personal information includes to:
(i) verify your workers’ identity;
(ii) provide our products and services to you;
(iii) administer and manage those products and services, including notifications, charging, billing and collecting debts;
(iv) enter into contracts with you;
(v) assist you to subscribe to our products and services;
(vi) make changes to your profile and your workers’ profiles;
(vii) respond to any queries or feedback you may have;
(viii) help us improve our products and services;
(ix) provide relevant marketing information, including promotions or special offers;
(x) conduct appropriate checks for creditworthiness and for fraud; and
(xi) prevent and detect any misuse of, or fraudulent activities involving the Website.
(b) We might contact you to let you know about products, services, promotions or special offers that may interest you. If you do not want us to contact you to promote and market our products, services, promotions and special offers, please click unsubscribe or email us at firstname.lastname@example.org.
(c) In order to meet your specific needs or provide you with a service which you have requested, we may disclose you or your workers’ personal information in certain circumstances, to third party organisations whose products or services you may require or have requested. This may happen when you click on a “Subscribe” button and complete and submit a form that is designed to collect information relevant to the products or services with which you are enquiring. We may also disclose you or your workers’ personal information to our third party service partners who are engaged to assist in facilitating the provision of the products or services you may require. These third party service partners may carry out marketing, telemarketing and sales services, customer enquiries, debt recovery functions, market research and website usage analysis.
(d) We may also disclose you or your workers’ personal information if it is:
(i) required or authorised by law or government and regulatory authorities;
(ii) we suspect that you or your workers’ use of our Website, the HRBA Platform or HR Help is in breach of the Terms & Conditions;
(iii) to protect our rights or property;
(iv) to lessen a serious threat to a person’s health or safety;
(v) to credit reporting and fraud checking agencies;
(vi) to credit providers (for credit related purposes such as creditworthiness, credit rating, credit provision and financing); or
(vii) to our professional advisers, including our accountants, auditors and lawyers.
(e) Where you or your workers’ personal information is disclosed, we will seek to ensure that the information is held, used or disclosed consistently with the Australian National Privacy Principles and other applicable privacy laws and codes.
5. SECURITY OF PERSONAL INFORMATION
(a) HRBA will take reasonable steps to protect the personal information HRBA holds about workers from misuse or loss and from unauthorised access, modification or disclosure. For example, HRBA currently prevents unauthorised access to HRBA’s premises by employing physical and electronic security measures.
(b) HRBA will destroy or permanently de-identify personal information if it is no longer needed for any purpose for which HRBA may use or disclose it. HRBA will dispose of all hardcopy documentation that contains personal information that is no longer needed in a secure manner. HRBA will delete all personal information stored in electronic form that is no longer needed.
(c) However, we will not be held responsible for events arising from unauthorised access to you or your workers’ personal information.
(a) Cookies are pieces of information that a website transfers to you or your workers’ computer’s hard disk for record keeping purposes. Most web browsers are set to accept cookies. However, if you or your workers do not wish to receive any cookies, you or your workers may set your browser to refuse them. In some instances, this may mean you or your workers will not be able to take full advantage of parts of our Website.
(c) We may use independent companies to measure and analyse Internet usage across our Website. The tracking collects the following core information on usage of the Website:
(i) the number of page views (or page impressions);
(ii) the number of unique visitors;
(iii) how long these unique visitors (on average) spend on the Website; and
(iv) common entry and exit points into our Website.
(d) This aggregate, non-personal information is collated and provided to us to assist in analysing usage of our Website. The data is also accessible by media organisations and research companies for the purpose of conducting industry comparisons with other Internet sites.
7. WHAT HAPPENS ON LINKS TO OTHER WEBSITES
8. RESOLVING ISSUES
10. FURTHER INFORMATION ON PRIVACY
(a) For more information about privacy issues in Australia, visit the Australian Federal Privacy Commissioner’s website (www.privacy.gov.au/law/act).