Privacy Policy

DEFINITIONS

Personal Information is information or an opinion that identifies an individual, or an individual who is reasonably identifiable, irrespective of whether the information or opinion is:

• true or not; or

• recorded in material form or not.

A reference to Personal Information includes Sensitive Information unless otherwise indicated.

Sensitive Information is defined in the Privacy Act to include Personal Information about an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, sexual orientation or practices, or criminal record.

Whilst not relevant to the collection and use of Personal Information by O’Brien Traffic, Sensitive Information also includes Health Information (as defined in the Privacy Act) about an individual, genetic information about an individual that is not otherwise Health Information, biometrical information to be used for the purpose of automated biometric verification or biometric identification, or biometric templates.

WHAT PERSONAL INFORMATION DO WE COLLECT, WHY DO WE COLLECT IT AND HOW DO WE USE OR DISCLOSE PERSONAL INFORMATION?

Examples of Personal Information we collect include: names, addresses, email addresses and phone numbers. We may also collect other forms of Personal Information such as occupation/job title, business or trading names and ABN, and personal opinions in relation to our services.

This Personal Information is obtained in many ways including interviews, correspondence, by telephone and by email, and from third parties.

We need to collect certain Personal Information about various individuals in order to properly carry out our functions and activities. The types of information that we collect will depend on the circumstances of an individual’s involvement or contact with us.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. This may include collection of your Personal Information and its use or disclosure for reasons including:

• general administrative purposes;

• proof of identity purposes;

• account administration, including ordering and courtesy calls and the administration of payments and services;

• billing purposes;

• research and analysis;

• direct marketing;

• providing services in culturally appropriate ways and with an awareness of individual differences;

• statistical purposes;

• to assist in monitoring, reviewing and improving customer service;

• establishing and maintaining client and customer records;

• regulatory compliance purposes;

• workplace health and safety purposes;

• employment and recruitment related purposes, including managing candidates for opportunities;

• determining eligibility for various services; and

• to assist in the provision of information, advice and/or goods and services to customers and clients.

We may also use or disclose your Personal Information for another (secondary) purpose to the primary purpose for which your Personal Information was collected:

• in circumstances where you would reasonably expect such use or disclosure;

• if you have consented to use of your Personal Information for a secondary purpose;

• if required or authorised by law or order of a court or tribunal; or

• if a Permitted General Situation exists.

You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it. Sensitive Information will be used or disclosed 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.

THIRD PARTIES

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. This might happen where you have consented to the collection of such information from a third party, where we are required or authorised by law to collect such information or where it is unreasonable or impracticable to collect such information from you personally.

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.

COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION FOR EMPLOYMENT PURPOSES

Additional categories of Personal Information we may collect in relation to prospective employees include:

• proof of citizenship or work entitlement;

• resumes;

• qualification and education details;

• criminal record;

• medical history;

• work history;

• oral and/or written references; and

• information disclosed as part of an employment application (eg gender, ethnicity).

This Personal Information may be collected from a prospective employee or from a third party. These additional categories of Personal Information are primarily used to evaluate an individual candidate’s suitability for employment. We will retain applications of unsuccessful candidates for a reasonable period after the application process to enable us to contact the candidate if another suitable position arises or otherwise in accordance with our legislative obligations.

UNSOLICITED INFORMATION

Unsolicited information is all Personal Information received by us that we did not actively seek to collect. Unsolicited information will be dealt with in accordance with the Privacy Act. This may include a requirement to destroy or de-identify such information.

ANONYMITY AND PSEUDONYMITY

Individuals may choose not to identify themselves, or to use a pseudonym when dealing with us, unless we are required or authorised by law to deal only with individuals who have identified themselves, or it is impracticable to deal with individuals on an anonymous basis or who are using a pseudonym.

Where possible we will endeavour to provide ways for you to deal with us anonymously or using a pseudonym. However, in many circumstances this may not be possible and we may need to establish your identity in order to give you advice, goods or services and/or to undertake our functions and activities.

SECURITY OF PERSONAL INFORMATION

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification, or disclosure. We may store your Personal Information electronically and/or in hard copy at our premises. We take all reasonable physical, technical and organisational security measures to safeguard the security of any Personal Information provided to us. These security measures include:

• staff training (including in relation to this Policy and the appropriate use of our information and communication technology systems, databases and equipment);

• use of encrypted files, firewalls, virus scanning tools and passwords to protect against unauthorised interference and access to electronically stored Personal Information;

• backup of electronic systems to protect against data loss;

• security systems in relation to paper records;

• secure access to our premises; and

• regular audits of our security systems.

When your Personal 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 Personal Information as soon as practicable (unless otherwise required by law). However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 5 years.

ACCESS TO YOUR PERSONAL INFORMATION

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing:

The Privacy Officer O’Brien Traffic
Suite 2.03
789 Toorak Road
Hawthorn East
VIC 3123
office@obrientraffic.com
03 9804 3610

We recommend any request for access to Personal Information is as specific as possible, in order for us to be able to respond to your request as quickly as possible. You may be asked for further details to assist us if insufficient information is provided. We will endeavour to respond to any requests for access to Personal Information within a reasonable timeframe (but generally within 15 business days). If the request will take longer than 15 business days, contact will be made with the individual to provide an anticipated time frame for responding to the request, and an explanation for the additional time required.

O’Brien Traffic will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information. Such charges will not be excessive or unreasonable.

In order to protect your Personal Information we may require identification from you before releasing the requested information.

We will not be required to grant your request to access Personal Information where:

• you are unable to provide reasonable evidence of your identity;

• O’Brien Traffic reasonably believes that giving access to the information would pose a serious threat to the life, health or safety of any individual (or a public health or public safety);

• giving access would have an unreasonable impact on the privacy of other individuals;

• the request for access is frivolous or vexatious;

• the information relates to existing or anticipated legal proceedings between you and O’Brien Traffic, and would not be accessible by the process of discovery in those proceedings;

• giving access would reveal the intentions of O’Brien Traffic in relation to negotiations with you in such a way as to prejudice those negotiations;

• giving access would be unlawful;

• O’Brien Traffic is required or permitted to deny access under law or a court or tribunal order;

• O’Brien Traffic has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to its functions or activities has been, is being or may be engaged in, and giving access would be likely to prejudice the taking of appropriate action in relation to that matter;

• giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or

• giving access would reveal evaluative information generated within O’Brien Traffic in connection with a commercially sensitive decision-making process.

Where a request is refused, we will:

• provide you with written notice setting out the reasons for the refusal and the mechanisms available to you to complain about the refusal; and

• give consideration to ways in which the request could be granted that would still meet the needs of you and O’Brien Traffic (for example, by disclosure to an agreed intermediary), unless it is unreasonable to do so in the circumstances.

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. We may correct information even where there has been no request by an individual.

If we correct Personal Information about an individual that we have previously disclosed to another entity or person, and that individual requests us to notify the other entity or person of the correction, we will take all reasonable steps to comply with such a request (unless it is impracticable or unlawful to do so).

If we refuse to correct Personal Information following an individual’s request, we will give that individual a written notice that sets out:

• the reasons for the refusal;

• the mechanisms available to complain about the refusal; and

• any other matter prescribed by the regulations.

If:

• we refuse to correct Personal Information as requested by an individual; and

• that individual requests O’Brien Traffic to associate with the information a statement of the correction sought but not made (i.e. that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading),

we will take all reasonable steps to associate such a statement in a way that will make the statement apparent to users of the information.

POLICY UPDATES

This Policy may change from time to time and is available on request via email. The date of the most recent version of this Policy will be indicated at the top of this Policy, and in the footer of each page of this Policy.

PRIVACY POLICY COMPLAINTS AND ENQUIRIES

If you have any queries or complaints about our Privacy Policy (including if you think we have breached the APPs, or this policy in our collection, holding, management, storage, use or disclosure of your Personal Information) please contact us at:

The Privacy Officer O’Brien Traffic
Suite 2.03
789 Toorak Road
Hawthorn East
VIC 3123
office@obrientraffic.com
03 9804 3610

We will investigate any complaints received and determine the steps we will undertake to resolve your complaint. We will contact you as soon as reasonably practicable to obtain any further information and to discuss the process that we intend to adopt to investigate and resolve your complaint. We will endeavour to investigate and resolve all complaints within a reasonable timeframe and notify you in writing as to the outcome of our investigation (including any proposed action we intend to take as a result of the outcome, together with details as to how to dispute the outcome). Where a response to a complaint will take longer than 14 days, contact will be made with you to provide an anticipated time frame for a response, and an explanation for the timeframe required.

We may use information obtained through the complaints process to provide feedback to staff and to improve the delivery of our services.

If you are not happy with how we have handled your complaint, or the outcome of your complaint, you may make a complaint to the Office of the Australian Information Commissioner (OAIC). Information about how to make a complaint to the OAIC can be found on their website http://www.oaic.gov.au/privacy

Notifiable data breach scheme

If there is a loss, or unauthorised access or disclosure of your personal information that is likely to result in serious harm to you, we will investigate and notify you and the OAIC as soon as practicable, in accordance with the Privacy Act.