PRIVACY AMENDMENT (PRIVATE SECTOR) ACT 2000
The Privacy Amendment (Private Sector) Act 2000 which amends the Commonwealth Privacy Act 1988, sets out your rights and Emen8’s responsibility relating to any personal information held about you as an individual who uses Emen8’s services. This policy does not apply to information held by Emen8 about staff or volunteers. Different legislation applies to staff and volunteer records.
The Privacy Amendment (Private Sector) Act 2000 (hereafter referred to as the Act) which includes the National Privacy Principles sets out how private sector organisations such as Emen8 should collect, keep, use and disclose personal information. Emen8 complies with and wherever possible strives to exceed the requirements of the Act. Emen8 complies with all of the National Privacy Principles.
The Act provides you as an individual with the right to know why Emen8 holds your personal information, what information is held about you, how Emen8 will use that information and under what circumstances your personal information may be divulged to others. You have the right to ask to see your personal information and for it to be changed or altered if incorrect or out of date. Under special circumstances Emen8 may refuse to allow you to see information held about you, in doing so, Emen8 in accordance with the Act is required to explain why. The Act stipulates that you may make a complaint if you think your information is not used or held appropriately and in accordance with the Act.
Personal information includes such things as your full name, date of birth, gender and address and other contact details. The Act recognises that information of a more sensitive nature may be collected by organisations such as Emen8 in order to provide you with, or refer you to particular services. Sensitive information is a subset of personal information. It means information or opinion 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, membership of a trade union, sexual preferences or practices, criminal record or health information about an individual.
Emen8 will collect only the information, which is necessary to provide you with the highest standard of service.
- We will only collect information about you with your consent and by lawful means.
- When we collect your information you will be told what we will do with it and to whom it may be disclosed.
- Information about you will not be used in any way without your consent or other than for the reasons for which it was collected.
Where we have obtained information about you from someone other than yourself, we will take all reasonable steps to inform you about who we are, what we intend to do with your information, how you may access it and to whom it may be disclosed. In other words where possible we will inform you of what will happen to your information as if we had collected it from you ourselves.
USE AND DISCLOSURE
Information about you will only be used or disclosed to others by Emen8 in ways which meet your expectations or are required by law. We will only use or disclose your personal information for a purpose other than the primary purpose for which it was collected if:
- the secondary purpose of collection is related to the primary purpose, and
- you would reasonably expect us to use or disclose information for that secondary purpose, or
- you have given permission for its use or disclosure
We will only use your information for the purpose of service promotion such as newsletters, pamphlets or fundraising providing you have given us permission to do so. We will only use or disclose your information without your consent, when:
- it is in the interest of an individual’s health, life or safety, or
- in the interest of public health or safety, or
- we are required or authorised to do so by law
We may disclose health information about you to a person responsible for you such as a legally appointed guardian.
Emen8 will take all reasonable steps to ensure that personal information collected, used or disclosed about you is as appropriate, accurate and as current as possible.
Emen8 undertakes to ensure that all personal information is kept in a secure place or manner. We will take all reasonable steps to protect your information from misuse, loss, unauthorised or unnecessary access, alteration or disclosure. Emen8 undertakes to destroy or de-identify your personal information when it is no longer required for any purpose by you or by law.
ACCESS AND CORRECTION
The only staff or volunteers who may access your information can do so only in the performance of their duties in the provision of a service to you or specifically at your request. Staff or volunteers may not divulge any identifying information about you to each other except that, which is necessary for them to do so in the performance of their duties. Emen8 will provide you with access to personal information it holds about you upon your request. In some circumstances it may be inappropriate for Emen8 to comply with your request, such as where someone else’s privacy may be seriously breached, or where the request poses a threat to an individual’s health or safety. In such case, if we withhold access we will provide you with the reason for doing so. At your request we will correct any out-of-date or inaccurate information. We will do this either over the phone or face-to-face. You may arrange an appointment to view your personal information or you may request a written copy. To obtain access to, or copies of, or to correct or up-date your personal, sensitive, information you will need to complete a ‘Personal Information Inquiry’ form. To change just your contact details you will need to complete a ‘Change of Address’ form. Copies of both of these forms may be obtained either by telephoning or writing to us or by down-loading them from our web-site. Our contact details are at the end of this document.
Emen8 does not use identifiers or reference numbers assigned by other organisations or government departments or services. Nor does Emen8 assign identifiers or reference to personal information records except where we have obtained your approval to do so, such as membership numbers or client case file numbers. Emen8 does not release membership or client case file numbers to other organisations. Nor do we divulge any information that may in any way identify a particular individual to other organisations, or to Emen8 staff or volunteers.
Wherever practicable and lawful, and if you want to, we will provide you the option of interacting with Emen8 anonymously.
TRANSBORDER DATA FLOWS
Emen8 will only send your information to a third party in a foreign country with your prior consent or if the information about you has protection substantially similar to the National Privacy Principles outlined in the Act.
Emen8 will not collect sensitive information about you without your consent unless, the collection is necessary to prevent or lessen a serious threat to health or life, or the collection is required by law. Emen8 in some instances may collect information without an individual’s consent if the person concerned is physically or legally incapable of giving consent. Emen8 may also collect sensitive information without consent in accordance with rules established by competent health or medical bodies that deal with the obligations of professional confidentiality eg client case notes kept about counselling sessions with professionally recognised psychotherapists or session case notes kept by enhanced care project staff.
The Privacy Commissioner’s web-site contains detailed information on privacy obligations including a copy of the Privacy Act http://www.privacy.gov.au and the Guidelines On Privacy In The Private Health Sector http://www.privacy.gov.au/health/guidelines/ set out the standards for collecting, storing, using and disclosing personal information.
1. WHAT IS A COOKIE?
Cookies and other tracking technologies (such as browser cookies and local storage, pixel beacons, and Adobe Flash technology including cookies) are comprised of small bits of data or code that often include a de-identified or anonymous unique identifier. Websites, apps and other services send this data to your browser (on your computer or mobile device) when you first request a web page and then store the data on your computer so that such websites, apps and other services can access information when you make subsequent requests for pages from that service. They are widely used in order to make websites work, or work in a better, more efficient way. For example, they can recognise you and remember important information that will make your use of a website more convenient (e.g., by remembering your user preferences).
2. WHAT COOKIES DO WE USE?
We use a variety of different types of Cookies on our Sites. Different Cookies have different specific purposes but in general they are all used so that we can improve your experience in using our Sites and interacting with us. Some of the purposes of different Cookies we use are described below.
(A) Some Cookies are essential to the Site in order to facilitate our log-in process and enable you to move around it and to use its features. Without these Cookies, we may not be able to provide certain services or features, and the Site will not perform as smoothly for you as we would like.
(D) We may use analytics Cookies, which are sometimes called performance cookies, to collect information about your use of the Site and enable us to improve the way it works. Analytics Cookies collect information about how you use the Site, for instance, which pages you go to most. The information allows us to see the overall patterns of usage on the Site, help us record any difficulties you have with the Site and show us whether our advertising is effective or not.
3. HOW CAN YOU OPT OUT?
Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information. Users can manage the use of Flash technologies, with the Flash management tools available at Adobe’s website. Please note that by blocking any or all cookies you may not have access to certain features, content or personalisation available through the Company Services.
For more information about targeting and advertising cookies, visit Your Online Choices: www.youronlinechoices.com.au.