1. Introduction

From 12 March 2014, the Australian Privacy Principles (APP’s) replaced the National Privacy Principles and Information Privacy Principles and were inserted into the Privacy Act 1988 (“the Act”) at schedule 1.  These principles apply to private sector organisations who deal with information relating to individuals.  This legislation is designed to protect personal information about individuals and sets in place a framework and guidelines about how to deal with this information.  APP 1.3 requires an APP entity to have a clearly expressed and up-to-date APP privacy policy describing how it manages personal information. Further in February 2018, the Notifiable Data Breaches (“NDB”) Scheme was introduced under Part IIIC of the Act. The NDB establishes requirements and compliance mechanisms for entities in responding to data breaches.

 

As at 25 May 2018, the EU General Data Protection Regulation (“GDPR”) was introduced providing increased transparency for data protection for all businesses transferring data to the Europe Union. While the GDPR and the APP share some similarities, Tates Coating Services OR Home Foam Insulation is providing robust privacy policies and procedures for its staff and clients. This includes ensuring that it conforms to all required APP’s including the provision of a clearly expressed and readily available Privacy Policy.  This is completed by the provision of this Privacy Policy Manual.

 

An APP privacy policy is a key tool for meeting APP 1’s requirements.

 

To assist with this compliance, Tates Coating Services OR Home Foam Insulation ensures that all of its staff members adhere to these policies and procedures.  Any breaches of these policies and procedures must be reported to the relevant staff member’s manager or supervisor immediately so that any appropriate measures can be taken to mitigate any issues surrounding an identified breach.

 

Every staff member of Tates Coating Services OR Home Foam Insulation who handles personal information is required to have an understanding of the Australian Privacy Principles (APP’s), the Act and the GDPR, where necessary. Where a more detailed knowledge of Tates Coating Services OR Home Foam Insulation’s rights and responsibilities is required, the Privacy Officer will be able to provide assistance.

 

All staff are encouraged to discuss privacy issues with the nominated Privacy Officer.

Review

Formal review of this privacy policy shall be undertaken on a 6 monthly basis with the details of this review recorded by the Privacy Officer.

 

  1. Australian Privacy Principles (APP’s)

The Privacy Act 1988 and the Credit Reporting Privacy Code 2014 places obligations and responsibilities on employers and employees to ensure that information collected from individuals is collected, retained and used in line with the APP’s. Tates Coating Services OR Home Foam Insulation shall abide by the following APP’s at all times:

 

APP No.

Part 1 – Consideration of personal information privacy

APP 1       Open and transparent management of personal information

APP 2       Anonymity and pseudonymity

 

Part 2 – Collection of personal information

APP 3       Collection of solicited personal information

APP 4       Dealing with unsolicited personal information

APP 5       Notification of the collection of personal information

 

Part 3 – Dealing with personal information

APP 6       Use or disclosure of personal information

APP 7       Direct marketing

APP 8       Cross-border disclosure of personal information

APP 9       Adoption, use or disclosure of government related identifiers

 

Part 4 – Integrity of personal information

APP 10     Quality of personal information

APP 11     Security of personal information

 

Part 5 – Access to, and correction of, personal information

APP 12     Access to personal information

APP 13     Correction of personal information

 

Further information regarding the APP’s can be obtained from the office of the Australian Information Commissioner at www.oaic.gov.au.

 

A copy of the APP’s as produced by the Office of the Australian Information Commissioner is attached as Appendix A. The NDB forms part of the Act as a new implemented scheme for companies to advise its clients, in the event of a potential data breach that is likely to result in serious harm to any individuals whose personal information is involved in the breach. Tates Coating Services OR Home Foam Insulation’s Privacy Policy Manual provides a data breach preparation and response to any potential breaches to ensure compliance under the NDB and the Act.

 

  1. General Data Protection Regulation (“GDPR”)

 

Upon the implementation of the GDPR on 25 May 2018, Tates Coating Services OR Home Foam Insulation has updated the way they use and collect personal data from residents in the EU. This involves, identifying Tates Coating Services OR Home Foam Insulation’s data protection officer (“Privacy Officer”), how clients can contact the Privacy Officer and identifying the process of transferring client’s personal information. Further, the implementation of cookies notices on Tates Coating Services OR Home Foam Insulation’s website has been activated to ensure Tates Coating Services OR Home Foam Insulation’s clients have adequate protection in providing consent to Tates Coating Services OR Home Foam Insulation in withholding their personal data.

 

  1. Types of Personal Information That is Collected, Used, Processed & Held

Tates Coating Services OR Home Foam Insulation collects personal information for a variety of reasons.  This personal information will be collected in the normal course of business and will relate to Goods and/or Services that are provided by Tates Coating Services OR Home Foam Insulation to clients.  This information collected will be done so in the course of business where the client is a customer of Tates Coating Services OR Home Foam Insulation or when the client acts as a guarantor for another person or company that is a client of Tates Coating Services OR Home Foam Insulation.  Tates Coating Services OR Home Foam Insulation will not collect information that is not relevant or sensitive in nature unless it is required in the normal course of business.

 

The personal information that is collected may include, but will not be limited to the following;

1/       Full name

2/       Address

3/       Date of birth

4/       Credit references if applicable

5/       Publicly available information which relate to the clients activities in Australia

6/       Any information recorded in the National Personal Insolvency Index

7/       Driver’s licence details

8/       Medical insurance details (if applicable)

9/       Electronic contact details including email, Facebook and Twitter details

10/     Next of kin and other contact information where applicable

 

The client acknowledges that provided the correct Privacy Act disclosures have been made that Tates Coating Services OR Home Foam Insulation may conduct a credit report on the client for the purposes of evaluating the credit worthiness of the client.

 

Tates Coating Services OR Home Foam Insulation ensures that all personal information is held in a secure manner.  Where applicable and to the best of Tates Coating Services OR Home Foam Insulation’s knowledge all computers or servers have the required security protections in place to safeguard and protect any personal information that is held by Tates Coating Services OR Home Foam Insulation. 

 

We use cookies on our website. Cookies are small files which are stored on your computer. They are designed to hold a modest amount of data (including personal information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. In so far as those cookies are not strictly necessary for the provision of Tates Coating Services OR Home Foam Insulation’s services, we will ask you to consent to our use of cookies when you first visit our website.

 

In the event that you utilise our website for the purpose of purchases/orders, Tates Coating Services OR Home Foam Insulation agrees to display reference to cookies and /or similar tracking technologies, such as pixels and web beacons (if applicable), and requests consent for Tates Coating Services OR Home Foam Insulation collecting your personal information which may include:

 

  • IP address, browser, email client type and other similar details;
  • Tracking website usage and traffic; and
  • Reports are available to Tates Coating Services OR Home Foam Insulation when Tates Coating Services OR Home Foam Insulation sends an email to the client, so Tates Coating Services OR Home Foam Insulation may collect and review that information

 

If you consent to Tates Coating Services OR Home Foam Insulation’s use of cookies on our website and later wish to withdraw your consent, you may manage and control Tates Coating Services OR Home Foam Insulation’s privacy controls through your browser, including removing cookies by deleting them from your browser history when you leave the site.

 

Tates Coating Services OR Home Foam Insulation also regularly conducts internal risk management reviews to ensure that its infrastructure (to the best of its knowledge) is secure, and any identifiable risks have been mitigated as much as they can be in the normal course of business.

 

  1. Procedures and responding to potential breaches of Privacy

In accordance with the NDB Tates Coating Services OR Home Foam Insulation is aware of its responsibilities to notify its clients in the event of a potential data breach that may cause serious harm to clients. Further, in the event the client is located in the Europe Union (“EU”), Tates Coating Services OR Home Foam Insulation acknowledges that any potential data breaches will be safeguarded by the provisions of the GDPR.

 

Tates Coating Services OR Home Foam Insulation will collect and process personal information in the normal course of business.  This personal information may be collected and processed, but is not limited to, any of the following methods;

 

1/       Credit applications forms

2/       Work authorisation forms, quote forms or any other business documentation

3/       Publicly available databases that hold information

4/       Websites that detail information such as Sensis, Facebook, Google etc

5/       By verbally asking you for information as part of normal business practices

 

Where relevant to data processing as per the GDPR, and in particular where Tates Coating Services OR Home Foam Insulation uses new technologies, and takes into account the nature, scope, context and purposes of processing and considers that the data processing is likely to result in a high risk to the rights and freedoms of natural persons, the Privacy Officer shall, prior to the processing of personal information, carry out an assessment of impact of the envisaged processing operations by way of a protection impact assessment. The data protection assessment will be required in instances whereby:

 

  • a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person;
  • processing on a large scale of special categories of data referred to in Article 9(1) of the GDPR, or of personal data relating to criminal convictions and offences referred to in Article 10 of the GDPR; or
  • a systematic monitoring of a publicly accessible area on a large scale.

 

The assessment shall be carried out in accordance with Article 35 (7) of the GDPR and carry out reviews of such data protection impact assessments when there is any change of the risk associated with the processing of personal information.

 

As a client of Tates Coating Services OR Home Foam Insulation and agreeing to Tates Coating Services OR Home Foam Insulation’s Terms and Conditions of Trade, which includes Tates Coating Services OR Home Foam Insulation’s privacy statement you hereby agree and consent to the provisions of this Privacy Policy Manual, including but not limited to the collection, processing, use and disclosure of your personal information. In the event that you withdraw your agreement and consent to any of the above use, processing collection and disclosure, then Tates Coating Services OR Home Foam Insulation warrants that any request by you to withdraw your consent or agreement shall be deemed as confirmation by you to cease any and/or all collection use, processing and disclosure of your personal information. You may make a request to withdraw your consent at anytime by telephone and/or by email to the following contact details;

 

 

 

The Privacy Officer

Tates Coating Services OR Home Foam Insulation

12/128 Radium Street

Welshpool WA 6106

enquiries@tatescoating.com.au

(08) 9291 4113

 

Tates Coating Services OR Home Foam Insulation will ensure that any Information that is to be obtained from you is done so verbally or using Tates Coating Services OR Home Foam Insulation’s prescribed forms which;

 

Authorise Tates Coating Services OR Home Foam Insulation:

 

  • To collect personal information; and
  • Inform the individual what personal information is being collected; and
  • Inform the individual why (the purpose) the personal information is being collected; and
  • Inform the individual why & when personal information will be disclosed to 3rd

 

It is the responsibility of Tates Coating Services OR Home Foam Insulation to ensure that any personal information obtained is as accurate and up to date as possible and information is only collected by lawful means in accordance with the Act and relevantly, in accordance with the GDPR.

 

  1. Purposes For Which Information Is Collected, Held, Used And Disclosed

Disclosure to Third Parties

Tates Coating Services OR Home Foam Insulation will not pass on your personal information to third parties without first obtaining your consent.

 

In accordance with the Act, including the GDPR (where relevant), Personal Information can only be used by Tates Coating Services OR Home Foam Insulation for the following purposes:

1/       Access a credit reporter’s database for the following purposes:

  1. To assess your application for a credit account; or
  2. To assess your ongoing credit facility; or
  3. To notify a credit reporter of a default by you (providing Tates Coating Services OR Home Foam Insulation are a member of an approved OAIC External Dispute Resolution Scheme (“EDRS”) for consumer defaults); or
  4. To update your details listed on a credit reporter’s database; or

2/       Check trade references noted on the prescribed form for the following purposes:

  1. To assess your application for a credit account; or
  2. To assess your ongoing credit facility; or
  3. To notify a default (subject to 1(c) above).

3/       Market Tates Coating Services OR Home Foam Insulation’s products and services.

4/       Any other day to day business purposes such as complying with ATO requirements, managing accounting returns or legal matters.

 

Relationship with Credit Reporter – In the event that notification of a default has been reported to a Credit Reporter and your credit file has been updated (including any changes to the balance outstanding or contact details), then the Credit Reporter shall be notified as soon as practical of any such changes.

 

Tates Coating Services OR Home Foam Insulation will only gather information for its particular purpose (primary purpose).  In accordance with the Act, including the GDPR (where relevant), Tates Coating Services OR Home Foam Insulation will not disclose this information for any other purpose unless this has been agreed to by both parties.

 

  1. How An Individual May Access Personal Information Held, And How They May Seek Correction Of Such Information

 

You shall have the right to request from Tates Coating Services OR Home Foam Insulation a copy of all the information about you that is retained by Tates Coating Services OR Home Foam Insulation.  You also have the right to request (by telephone and/or by email) that Tates Coating Services OR Home Foam Insulation correct any information that is incorrect, outdated or inaccurate.

 

Any requests to receive your personal information or to correct personal information should be directed to the following contact details;

 

 

The Privacy Officer

Tates Coating Services OR Home Foam Insulation

12/128 Radium Street

Welshpool WA 6106

enquiries@tatescoating.com.au

(08) 9291 4113

 

Tates Coating Services OR Home Foam Insulation will destroy personal information upon your request (by telephone and/or by email) or when the personal information is no longer required. The exception to this is if the personal information is required in order for Tates Coating Services OR Home Foam Insulation to fulfil their performance of services or is required to be maintained and/or stored in accordance with the law.