At Acquire HR (ABN 251 669 520 83) we are committed to protecting your privacy in accordance with the Privacy
Act 1988 (Cth) (‘Privacy Act’), Health Records Act 2001 (Vic) (‘Health Records Act’) (in combination, ‘Privacy Laws’)
and the Australian Privacy Principles (‘APPs’). This includes our commitment to ensuring the protection against
misuse, interference, loss or unauthorised access, and unauthorised modification or disclosure of Personal and
to Personal and Health Information collected by Acquire HR and explains how we collect, use, store, disclose, and
dispose of your information.
As part of our commitment to you, Acquire HR will:
- Ensure that Acquire HR and its workers comply with the Privacy Laws
- Monitor privacy compliance and update its policies and procedures in line with legislative changes as required
- Manage any complaints received about our privacy measures in an efficient and appropriate manner
Health Information in summary, relates to:
- The physical, mental or psychological health (at any time) of an individual
- A disability (at any time) of an individual
- An individual’s expressed wishes about the future provision of health services to them
- A health service provided or to be provided to an individual
- Other personal information collected to provide or in providing, a health service
- Other personal information about an individual collected in connection with the donation or intended donation by the individual of his or her body parts, organs or body substances
- Other personal information that is genetic information about an individual in a form which is or could be predictive of the health (at any time) of the individual or any of his or her descendants.
Health Information is not commonly collected by Acquire HR but it may in some circumstances, be relevant to the services provided by us.
What is Personal Information and Why Do We Collect It?
The Privacy Act defines Personal Information as:
“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 recorded is a material form or not.”
Some examples of Personal Information that we might collect include names, addresses, email addresses, phone numbers, details relating to your employment, and dates of birth.
Personal Information is collected by lawful and fair means. This information is obtained in many ways including through interviews, correspondence, by telephone, email, through our website or social media accounts, third parties, as well as publicly available sources such as media and publications, and other websites.
We collect your Personal Information for the primary purpose of providing our services to you and providing information to our clients. We do not provide any personal information to any third party with the exception of any Personal Information disclosed during interviews that are transcribed by a third-party transcribing service. We may use your Personal Information for a secondary purpose closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure, including where we may be required to disclose by law.
When we collect Personal Information we will, where appropriate and where possible, explain to you about why we are collecting the information and how we intend to use it.
What is Sensitive Information?
Sensitive Information is a subset of Personal Information defined in the Privacy Act to include:
“information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information about an individual, genetic information, biometric information or templates.”
Sensitive information will be collected by us by lawful and fair means and may be used by us only:
- For the primary purpose for which it was obtained
- For a secondary purpose that is directly related to the primary purpose
- With your consent; or where required or authorised by law.
Acquire HR will provide an individual with the option of not identifying who they are when it is lawful and practicable to do so. Due to the nature of the services provided by Acquire HR, this may create limitations on how the information is able to be used to carry out its services. We will endeavour to explore with you how this may be best managed.
Disclosure by, and to, Third Parties
Where reasonable and practicable to do so, we will collect your Personal and Health Information from you only. However, in some circumstances we may be provided with information by third parties such as your employer. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party in accordance with the APPs.
We do not provide any Personal and Health Information to any third party. There may be lawful exceptions to this such as where Personal and Health Information is disclosed during interviews and transcribed by a third-party transcribing service, or where it is stored through a contract with Acquire HR with a third-party provider.
Overseas Transfer of Information
Where a client engages Acquire HR for services and resides overseas, we may transfer your Personal and Health Information to that address where it is necessary to do so.
For the purposes of data sovereignty, Personal and Health Information is ensured by Acquire HR to be stored on servers located on Australian shores.
Disclosure of Personal Information
Acquire HR has a duty to maintain confidentiality of Personal and Health Information of all individuals. Your Personal and Health Information may be disclosed in a number of circumstances including the following:
- Third parties where you consent to the use or disclosure; and
- Where required or authorised to do so by law.
Security of Personal and Health Information
Your Personal and Health Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure. Personal and Health Information may be stored as hard copy documents, as electronic data, or in Acquire HR’s software or systems.
When your Personal and Health Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your information. However, most of the Personal and Health Information is or will be stored in our client files which will be kept by us for a minimum of 7 years.
Security of Personal and Health Information
To the extent required by the Privacy Laws, you may access the Personal and Health Information we hold about you and to update and/or correct it, subject to certain exceptions. For example, we may refuse access where the:
- Access would pose a serious threat to the life or health of any individual
- Information may have an unreasonable impact on the privacy of others
- Request is frivolous or vexatious
- Access would be unlawful
- • Access would prejudice enforcement activities relating to criminal activities and other breaches of law, public revenue, or a security function
- Information related to existing or anticipated legal proceedings and would not be accessible by the process in those proceedings
- Information relates to commercially sensitive decision making
- would reveal our intentions in relation to negotiations in such a way as to prejudice those negotiations.
If you wish to access your Personal and Health Information, please contact us in writing.
Acquire HR will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal and Health Information.
In order to protect your Personal and Health Information, we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up to date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
Sale or Restructure of Business
In the future we may consider the sale or restructure of our business or the purchase of the business of other similar businesses to Acquire HR. In such circumstances it may be necessary for your Personal Information to be disclosed to permit the parties to assess the sale or restructure proposal for example through a due diligence process. We will only disclose such of your Personal Information as is necessary for the assessment of any sale or restructure proposal and subject to appropriate procedures to maintain the confidentiality and security of your Personal Information.
We may use your Personal Information, including any email address you give us, to provide you with information and to tell you about our products, services, offers or events. If it is within your reasonable expectations that we send you direct marketing communications given the transactions or communications you have had with us, then we may also use your personal information for the purpose of sending you direct marketing communications which we may consider potentially of interest to you.
You are able to visit our website without providing any Personal Information. We will only collect Personal Information through our websites with your prior knowledge for example where you submit an enquiry or application online.
A cookie is a small string of information that a website transfers to your browser for identification purposes. The cookies we use may identify individual users.
- Cookies can either be “persistent” or “session” based. Persistent cookies are stored on your computer, contain an expiration date, and are mainly for the user’s convenience.
- Session cookies are short-lived and are held on your browser’s memory only for the duration of your session; they are used only during a browsing session and expire when you quit your browser.
- We may use both session and persistent cookies. This information may be used to personalise your current visit to our websites or assist with analytical information on site visits.
- Most internet browsers can be set to accept or reject cookies. If you do not want to accept cookies, you can adjust your internet browser to reject cookies or to notify you when they are being used. However, rejecting cookies may limit the functionality of our website.
If you do have a complaint about privacy, we ask that you contact our office first to help us to assist you promptly. In order to resolve a complaint, we:
- Will liaise with you to identify and define the nature and cause of the complaint;
- May request that you detail the nature of the complaint in writing;
- Will keep you informed of the likely time within which we will respond to your complaint;
- Will inform you of the reason for our decision in resolving such complaint; and
- Keep a record of the complaint and any action taken in the Register of Complaints.
If you have a complaint please either email us at email@example.com or write to us at Acquire HR, PO Box 595, Eltham, Victoria 3095 and we will attempt to resolve the issue or complaint.
We endeavour to conduct an investigation of the issue and make a decision on what action, if any, Acquire HR will take to rectify the matter. When we make our decision, we will also inform you of your right to take the matter to the Office of the Australian Information Commissioner (OAIC) if you are not satisfied. In addition, if you have not received a response from us of any kind to your complaint within 30 days, then you have the right to take the matter to the OAIC. You may also obtain information on privacy issues in Australia from the Office of the Australian Information Commissioner (OAIC) website at www.oaic.gov.au or by contacting the OAIC by email at firstname.lastname@example.org or by calling 1300 363 992.
Acquire HR reserves the right to change or update its policies and procedures from time to time without prior notice to ensure its currency and compliance with the Privacy Laws.
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