HVCCC is bound by the Privacy Act 1988 (the Act) and the Australian Privacy Principles (the Principles) contained within the Act. All employees and officers of HVCCC are expected to comply with the Act and this Policy.
HVCCC is committed to treating the personal information HVCCC collects in accordance with the Principles.
This Policy explains what information about you HVCCC may collect and how HVCCC may use and disclose it, how you can instruct HVCCC if you would prefer to limit the use and disclosure of that information, and the procedures that HVCCC has in place to safeguard your privacy.
This Policy does not apply to personal information collected by HVCCC that is exempted under the Act, for example, employee records.
If HVCCC changes this Policy, HVCCC will post the changes on the HVCCC website, and may place notices on other pages of the website, so that you may be aware of the information HVCCC collects and how HVCCC uses it at all times.
If you do not provide information requested by HVCCC from time to time, HVCCC may not be able to provide services to you or otherwise fulfil the purpose for which HVCCC has requested information
INFORMATION ABOUT YOU WHICH HVCCC COLLECTS AND HOW HVCCC USES AND DISCLOSES IT
Personal information is information or an 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 a material form or not.
In relation to job applications, HVCCC also collects current and past employment information, educational qualifications and membership of professional associations, and name and contact details of referees
Examples of personal information HVCCC collects include your name, postal and residential address, email address, landline and mobile telephone numbers, date of birth and information concerning your job and job title.
If you provide personal information to HVCCC about someone else (such as one of your directors or employees, or someone with whom you have business dealings) you must ensure that you are entitled to disclose that information to HVCCC. This will usually involve you having the authority or consent to provide HVCCC with their personal information. Importantly, you must ensure the individual in respect of whom you are providing personal information is aware of the various matters detailed in this Policy, as those matters relate to that individual including us. Specifically, they should be made aware of HVCCC, how to contact HVCCC, the purpose of HVCCC collecting the personal information, HVCCC’s disclosure practices, the individual’s right to obtain access to their personal information and the consequences if the personal information is not provided (such as HVCCC’s inability to provide services that have been requested from them).
Unsolicited personal information refers to personal information that HVCCC receives but has not taken active steps to collect.
Should HVCCC receive unsolicited personal information, HVCCC will determine whether or not the personal information is for, or directly related to, one or more of HVCCC’s functions or activities.
If the unsolicited personal information is for or directly related to one or more of HVCCC’s functions or activities, then HVCCC will use and store the information in accordance with this Policy.
If the unsolicited personal information is not for or directly related to one or more of HVCCC’s functions or activities, then HVCCC will destroy or de-identify the information, provided it is lawful and reasonable to do so.
Sensitive information is a subset of personal information, and includes:
· information or opinion (that is also personal information) about an individual’s:
§ racial or ethnic origin;
§ political opinions;
§ membership of a political association;
§ religious beliefs or affiliations;
§ philosophical beliefs;
§ membership of a professional or trade association or membership of a trade union;
§ sexual preferences or practices; or
§ criminal record.
§ health information about an individual
It may be necessary in some circumstances for HVCCC to collect sensitive information about you. HVCCC will only collect sensitive information as permitted under the Act.
HOW DOES HVCCC COLLECT YOUR INFORMATION?
Generally, HVCCC collects your personal information from you directly (for example, when HVCCC deals with you in person or over the phone, when you send HVCCC correspondence or when you contact HVCCC electronically), including when you seek services from or provide services to HVCCC, when you make an enquiry on an area of the HVCCC website, when you receive information from HVCCC, and when you apply for employment with HVCCC.
Sometimes HVCCC collects your personal information from a third party source. For example, HVCCC may collect personal information from a company for which you work, other organisations with whom you have dealings, an information service provider or from a publically maintained record.
HVCCC also collects personal information about you from the HVCCC website when you complete a form on there and you forward it to HVCCC or when you enter your password and access a restricted area. Your use of the website will determine the amount and type of information that HVCCC collects about you. You agree that the webmaster and administrators of this website have the right to collect this information. When you visit the website, HVCCC’s server may log the following personal information provided by you or your browser:
§ your attempt to authenticate;
§ your email address; and
§ any personal information you have entered onto the website.
Your Internet Service Provider (ISP) may also be logging your activity when you visit the HVCCC website. In such instances, this issue is beyond the control of HVCCC.
Cookies and IP address
When you visit the HVCCC website, HVCCC’s server may log the following non-personal information provided by your browser:
§ the type of browser and operating system you are using and the previous site you visited;
§ your server’s IP address (a number which is unique to the machine through which you are connected to the internet)
§ a “cookie” to assign a user ID to improve your viewing. HVCCC does not use “cookies” for any purpose other than to store the sites and databases a user has selected. Most browsers are initially set up to accept “cookies”. If you prefer, you can set your browser to refuse “cookies” or to alert you when “cookies” are being sent, however, it is possible that some parts of the HVCCC website will not function properly if you do so; and
§ the date and time of your visit, which parts of the HVCCC website you visited, and any documents you downloaded.
You agree that the webmaster and administrators of the HVCCC website have the right to record this information. HVCCC only uses information collected by our server to generate statistics and analyse site activity.
HVCCC may maintain your email address together with other business contact details on its database. HVCCC may use your email address to provide you with information in relation to weekly coal chain capacity forecasts, major maintenance events, performance reports newsletters and conference papers. Your e-mail address may also be used for confirming your registration details and password (and for sending new passwords should you forget your current one).
If you wish to discontinue email communication with HVCCC, please advise HVCCC by contacting the web master by email at email@example.com and placing REMOVE in the subject line. Until HVCCC receives an email from you instructing otherwise, HVCCC will assume that you wish to continue receiving regular email communications from HVCCC.
PURPOSES FOR WHICH HVCCC COLLECTS, HOLDS, USES AND DISCLOSES PERSONAL INFORMATION
HVCCC, HVCCC’s agents, consultants and sub-contractors may use any of the information about you which HVCCC has collected:
· to provide products or services to you or your business;
· to obtain products or services from you or your business;
· to communicate to you in response to your queries;
· to ensure that our records and your contact details are up to date;
· to perform business or accounting functions (including sending you invoices or reminder notices, processing orders, and coordinating deliveries);
· to undertake safety and environmental incident management, investigation review and reporting;
· to process your requests of, and applications to, HVCCC;
· for the purposes of employment or the engagement of services (including conducting background checks and other screening checks to verify your identity and personal information provided to us, assessing your application, managing our recruitment process, contacting you regarding potential positions, maintaining our records and dealing with your enquiries);
· to maintain up to date records of appropriate qualifications and experience of third parties with respect to transport, handling or storage of dangerous goods sold by HVCCC;
· to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator or judicial or administrative body, or in cooperation with any government authority. For example:
- laws and regulations in relation to access to security sensitive products such as ammonium nitrate; and
- notification and reporting to emergency services and other regulatory bodies;
· to process and respond to any complaint made by you; and
· for any other purpose for which this information was provided to HVCCC or for any purpose related or ancillary to any of the above.
HVCCC may disclose your personal information in the following circumstances:
· If HVCCC has collected your personal information in the course of providing services to any of HVCCC’s Members, HVCCC may disclose it to that Member.
· HVCCC may disclose your personal information to HVCCC’s agents, consultants and sub-contractors who assist HVCCC in running its business including the HVCCC website, or provide related services, and who are subject to security and confidentiality obligations.
· HVCCC may disclose your personal information between HVCCC’s various related entities on a confidential basis for HVCCC’s internal administrative, billing and other business purposes.
· HVCCC will make whatever disclosures of your personal information that the law requires HVCCC to make.
HVCCC may also use aggregate information and statistics for the purpose of monitoring website usage in order to help HVCCC develop its website and services.
DIRECT MARKETING AND THIRD PARTIES
HVCCC does not sell information to third parties. Your name and address details will not be added to a mailing list without your consent.
HVCCC does not disclose your personal information to third parties outside Australia.
HVCCC does not engage in any direct marketing and does not disclose your personal information to any parties outside HVCCC for the purposes of allowing them to direct market their products or services to you
SECURITY AND RETENTION OF PERSONAL INFORMATION
HVCCC takes reasonable steps to protect any personal information that HVCCC holds confidential and secure. HVCCC also takes reasonable steps to protect the information from misuse, interference, loss, and unauthorised access, modification and disclosure. HVCCC does this in accordance with its internal procedures covering the storage, access and disclosure of information.
Information may be kept by HVCCC until it is outdated or no longer required, after which time it will be destroyed.
Storage of Information
HVCCC stores information in electronic or hard copy form (or both) protected by either physical controls (e.g. key locks) or information security controls (e.g. role based security, password protection). In both cases only authorised HVCCC employees and contracted personnel trained in the proper and lawful handling of such information are able to access that information. HVCCC employees and HVCCC’s contractors follow accepted prudent standards of technology and operational security.
In line with HVCCC’s security procedures, emails you send HVCCC are automatically scanned, which could result in certain attachments and messages being automatically blocked that has been flagged as possibly containing a virus or inappropriate content. HVCCC’s IT administrators may have access to your emails to authorise the content. This is done purely for IT security purposes.
While HVCCC endeavours to use secure transmission facilities where possible, the internet is not always a secure method of transmitting information. Accordingly, HVCCC cannot accept responsibility for the security of information you send to, or receive from HVCCC over the internet or for any unauthorised access or use of that information.
ACCESSING AND SEEKING CORRECTION OF PERSONAL INFORMATION
You can gain access to your personal information from HVCCC on request in writing, providing that your request is in accordance with the Act and Principles. The factors that affect your right to access your personal information include whether:
§ it is a frivolous or vexatious request or cost prohibitive,
§ the information relates to a commercially sensitive decision making process,
§ access would be unlawful,
§ access would prejudice enforcement activities relating to criminal activities and other breaches of law, or
§ denying access is required or authorised by or under law.
If you believe that any personal information we have collected about you is inaccurate, incomplete or not up-to-date, please contact us and we will take reasonable steps to correct it in accordance with the requirements of the Act. We may also make contact with you from time to time to confirm the information we hold is still correct.
If you believe that HVCCC are in breach of the Act, the Principles or any registered binding Australian Privacy Principles Code, you may lodge a written complaint by contacting the Privacy Officer (position held by HVCCC Chief Information Officer) at HVCCC. HVCCC will attempt to resolve/respond to the majority of complaints within 30 days’ dependent on the type and size of the issue raised.
If you are unhappy with the resolution of your complaint, or with the way that HVCCC has handled your complaint, you may be able to refer the matter to the Office of the Australian Information Commissioner (OAIC). The contact details for this body are as follows:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
HOW TO CONTACT US
Please send your requests and enquires to the Privacy Officer Hunter Valley Coal Chain Coordinator by email at firstname.lastname@example.org or by letter to PO Box 115, Broadmeadow, NSW 2292.
We will treat your requests or complaints confidentially. An HVCCC representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely manner.
We may modify this Policy from time to time for any reason. We will publish changes to this Policy on this website.