This Policy applies to Pollard Williams Pty Limited - ACN 001 797 119 (referred to as ‘Pollard Williams’, ‘we’, ‘our’, ‘us’) and extends to and covers all operations and functions of those organisations. We recognise the importance of ensuring the confidentiality and security of your personal information.
This Policy outlines Pollard Williams obligation to manage and protect personal information. Pollard Williams is bound by the Australian Privacy Principles ('APPs'), the Credit Reporting Privacy Code (‘the Code’) and the Privacy Act 1988 ('Privacy Act'). This Policy also outlines a number of Pollard Williams practices, procedures and systems that ensure compliance with the Privacy Act, APPs and the Code.
- ‘Disclosure’ of information means providing information to persons outside Pollard Williams.
- ‘Inpidual’ means any persons whose personal information we collect, use or disclose;
- ‘Personal information’ means information or an opinion relating to an inpidual, which can be used to identify that inpidual;
- ‘Privacy Officer’ means the contact person within Pollard Williams for questions or complaints regarding Pollard Williams handling of personal information;
- ‘Sensitive information’ is personal information that includes information relating to a person's racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual preferences and criminal record, and also includes health information; and
- ‘Use’ of information means use of information within Pollard Williams
2. WHAT KIND OF PERSONAL INFORMATION DO WE COLLECT AND HOLD?
We may collect and hold the following kinds of personal information about inpiduals, including:
- phone numbers;
- email addresses;
- bank account details;
- drivers’ licence details;
- details of investments, superannuation and insurance policies
- any other information that is relevant to the services we provide.
3. HOW WE COLLECT PERSONAL INFORMATION
We generally collect your personal information by the following methods:
- directly from applications, questionnaires and other forms you complete when you wish to use our services or apply for a position with us;
- from information disclosed to us by you on the phone, or by sending us correspondence (including letters, faxes and emails) or visiting us in person;
- from a variety of third party sources, including our business contacts, identity verification service providers, financial institutions, fund recipients or referrers
The above list is not exhaustive.
Pollard Williams will not collect sensitive information unless the inpidual has consented or an exemption under the APPs applies. These exceptions include if the collection is required or authorised by law or necessary to take appropriate action in relation to suspected unlawful activity or serious misconduct.
If the personal information we request is not provided by an inpidual, we may not be able to provide you with the benefit of our services, or meet your needs appropriately.
Pollard Williams does not give inpiduals the option of dealing with them anonymously, or under a pseudonym. This is because it is impractical and in some circumstances illegal, for Pollard Williams to deal with inpiduals who are not identified.
4. UNSOLICITED PERSONAL INFORMATION
We may receive personal information about you when we have taken no active steps to collect that information. This is known as ‘unsolicited’ personal information. Pollard Williams’ employees are required to notify the Privacy Officer of all unsolicited personal information received by them. We destroy all unsolicited personal information, unless the personal information is relevant to Pollard Williams purposes for collecting personal information.
5. WHO DO WE COLLECT PERSONAL INFORMATION ABOUT?
The personal information we may collect and hold includes (but is not limited to) personal information about:
- potential clients;
- service providers or suppliers;
- prospective employees, employees and contractors; and
- other third parties with whom we come into contact.
6. WEBSITE COLLECTION
7. WHY DOES POLLARD WILLIAMS COLLECT AND HOLD PERSONAL INFORMATION?
We may use and disclose the information we collect about you for the following purposes:
- to assist Pollard Williams in providing a product or service to you;
- completion of documentation and forms;
- to consider and assess your request for a product or service;
- to provide you with information about a product or service and invite you to marketing events;
- to protect our business and other clients from fraudulent or unlawful activity;
- to conduct our business and perform other management and administration tasks;
- to consider any concerns or complaints an inpidual may have;
- to manage any legal actions involving Pollard Williams;
- to comply with relevant laws, regulations and other legal obligations; and
- to help us improve the products and services offered to our clients and to enhance our overall business.
8. HOW MIGHT WE USE AND DISCLOSE PERSONAL INFORMATION?
Pollard Williams may use and disclose personal information for the primary purposes for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and in other circumstances authorised by the Privacy Act.
We use and disclose personal information for the purposes outlined in section 7 above. Sensitive information will be used and disclosed only for the purpose for which it was provided or a directly related secondary purpose, unless the inpidual agrees otherwise, or where certain other limited circumstances apply (e.g. if required by law).
We engage other people to perform services for us, which may involve that person handling personal information we hold. In these situations, we prohibit that person from using personal information about you except for the specific purpose for which we supply it. We prohibit that person from using your information for the purposes of direct marketing their products or services.
In relation to sensitive information held by us, wherever possible, Pollard Williams will attempt to de-identify the information. We also undertake to take reasonable steps to delete all personal information about you when it is no longer needed.
9. WHO MIGHT WE DISCLOSE PERSONAL INFORMATION TO?
We may disclose personal information to:
- a related entity of Pollard Williams;
- an agent, contractor or service provider we engage to carry out our functions and activities, such as our lawyers, accountants, debt collectors or other advisors;
- organisations involved in a transfer or sale of all or part of our assets or business;
- organisations involved in managing payments, including payment merchants and other financial institutions such as banks;
- regulatory bodies, government agencies, law enforcement bodies and courts;
- financial product issuers and credit providers; and
- anyone else to whom the inpidual authorises us to disclose it or is required by law.
We may also collect personal information from these organisations and inpiduals and will deal with the information in accordance with this Policy.
We may disclose personal information to credit reporting bodies, in order to comply with our obligations under the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) (AML/CTF obligations). To comply with our AML/CTF obligations, we may disclose your:
- date of birth; and
- residential address
to credit reporting bodies, in order to verify whether the personal information matches the identification, information held by the credit reporting body. We may, upon request, provide you with an alternative method of verification, however, any alternative verification method must also comply with the AML/CTF legislation.
10. SENDING INFORMATION OVERSEAS
It is not practical to list all of the countries in which personal information is likely to be disclosed, however they are likely to include:
- United Kingdom
- United States of America
- Hong Kong
- South Africa
We may disclose personal information to [Government agencies, Lawyers, Accountants, etc.] located outside Australia in some circumstances.
We will not send personal information to recipients outside of Australia unless:
- we have taken reasonable steps to ensure that the recipient does not breach the Act, the APPs and the Credit Reporting Privacy Code;
- the recipient is subject to an information privacy scheme similar to the Privacy Act; or
- the inpidual has consented to the disclosure.
If you consent to your personal information being disclosed to an overseas recipient and the recipient breaches the APPs, we will not be accountable for the breach under the Privacy Act and you will not be able to seek redress under the Privacy Act.
11. MANAGEMENT OF PERSONAL INFORMATION
Pollard Williams recognises how important the security of personal information is to clients. We will at all times seek to ensure that personal information we collect and hold is protected from inference, misuse or loss and unauthorised access, modification or disclosure. Pollard Williams employees must respect the confidentiality of the personal information we collect.
Personal information is generally held in client files. Information may also be held in a computer database. All paper files are stored in secure areas. Computer-based information is protected through the use of access passwords.
In relation to our computer-based information, we apply the following guidelines:
- data ownership is clearly defined within Pollard Williams;
- passwords are routinely checked;
- we change employees’ access capabilities when they are assigned to a new position;
- employees have restricted access to certain sections of the system;
- the system automatically logs and reviews all unauthorised access attempts;
- unauthorised employees are barred from updating and editing personal information;
- all personal computers which contain personal information are secured, physically and electronically;
- data is encrypted during transmission over the network;
- print reporting of data containing personal information is limited;
- Pollard Williams has created procedures for the disposal of personal information; and
- personal information is overwritten to the extent possible when the information is no longer required.
Pollard Williams performs all employment procedures, including application and termination processes, in a confidential manner. All inpidual job attributes, such as classification information and salaries are confidential.
Where we no longer require the personal information for a permitted purpose under the APPs, we will take reasonable steps to destroy it.
12. DIRECT MARKETING
Pollard Williams does not use personal information for the purposes of direct marketing, unless:
- the personal information does not include sensitive information; and
- you would reasonably expect us to use or disclose the information for the purpose of direct marketing; and
- we provide a simple way of opting out of direct marketing; and
- you have not requested to opt out of receiving direct marketing from us.
If we collect personal information about you from a third party, we will only use that information for the purposes of direct marketing if you have consented (or it is impracticable to obtain your consent), we will provide a simple means by which you can easily request not to receive direct marketing communications from us. We will draw your attention to the fact you may make such a request in our direct marketing communications. We will not use your credit information for the purposes of direct marketing.
In relation to sensitive information, Pollard Williams may only use or disclose sensitive information about an inpidual for the purpose of direct marketing if you have consented to the use or disclosure of the information for that purpose.
You have the right to request to opt out of direct marketing and we must give effect to the request within a reasonable period of time.
You may also request Pollard Williams provides them with the source of your information. If such a request is made, Pollard Williams must notify you of the source of the information free of charge within a reasonable period of time.
We will not use identifiers assigned by the Government, such as a tax file number, Medicare number or provider number, for our own file recording purposes, unless one of the exemptions in the Privacy Act applies. Pollard Williams endeavours to avoid data-matching, being the comparison of data collected and held for two or more separate purposes in order to identify common features in relation to inpiduals, as a basis for further investigation or action in relation to those inpiduals.
14. HOW DO WE KEEP PERSONAL INFORMATION ACCURATE AND UP-TO-DATE?
Pollard Williams is committed to ensuring the personal information it collects, uses and discloses is relevant, accurate, complete and up-to-date.
We encourage you to contact us to update any personal information we hold about you. If we correct information that has previously been disclosed to another entity, we will notify the other entity within a reasonable period of the correction. Where we are satisfied information is inaccurate, we will take reasonable steps to correct the information within 30 days, unless you agree otherwise. We do not charge you for correcting the information.
15. ACCESS TO PERSONAL INFORMATION
Subject to the exceptions set out in the Privacy Act, you may gain access to the personal information we hold about you by contacting the Pollard Williams Privacy Officer. We will provide access within 30 days of the inpidual’s request. If we refuse to provide the information, we will provide reasons for the refusal.
We will require identity verification and specification of what information is required. An administrative fee for search and photocopying costs may be charged for providing access.
16. UPDATES TO THIS POLICY
This Policy will be reviewed from time to time to take account of new laws and technology, and changes to our operations and the business environment. Changes are approved by our Management Team.
18. PRIVACY TRAINING
19. NON-COMPLIANCE AND DISCIPLINARY ACTIONS
20. INCIDENTS/COMPLAINTS HANDLING
Pollard Williams has an effective complaints handling process in place to manage privacy risks and issues.
The complaints handling process involves:
- identifying (and addressing) any systemic/ongoing compliance problems;
- increasing consumer confidence in Pollard Williams privacy procedures; and
- helping to build and preserve Pollard Williams reputation and business.
21. CONTRACTUAL ARRANGEMENTS WITH THIRD PARTIES
Third parties will be required to implement policies in relation to the management of an inpidual’s personal information in accordance with the Privacy Act. These policies include:
- regulating the collection, use and disclosure of personal and sensitive information;
- de-identifying personal and sensitive information wherever possible;
- ensuring personal and sensitive information is kept securely, with access to it only by authorised employees or agents of the third parties; and
- ensuring personal and sensitive information is only disclosed to organisations which are approved by Pollard Williams.
22. INQUIRIES AND COMPLAINTS
If you have any questions about our privacy procedures, or if wish to make a complaint about how we have dealt with your personal information (including credit information) you may lodge a complaint with us in any of the following ways:
- by telephoning – 02 9318 1688
- by writing to – Pollard Williams Privacy Officer, Suite 405, 410 Elizabeth St, Surry Hills, NSW 2010
- by emailing – firstname.lastname@example.org