Terms of Use

Riskman

1.              Introduction

1.1              From time to time RiskMan International  Pty Ltd ("the Company") is required to  collect, hold, use and/or disclose   personal   information   relating   to   individuals   (including,   but   not   limited   to,   its   customers, contractors, suppliers and employees) in the performance of its business activities.

1.2             This  document  sets  out  the  Company's  policy  in  relation  to  the  protection  of personal  information,  as under the Privacy Act 1998 (Cth) the ("Act") and the Australian Privacy Principles ("APP").

1.3                The APPs regulate the handling of personal information.

2.                  What is personal information?

2.1                 Personal information means information or an opinion (including information or an opinion forming part of a  database),  whether  true or not, and whether  recorded  in a material  form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

3.                  Employee records

3.1                This  policy  does  not  apply  to  the  collection,  holding,  use  or  disclosure  of  personal  information  that  is  an employee record.

3.2                 An  employee  record  is  a  record  of  personal  information  relating  to  the  employment  of  an  employee. Examples of personal information relating to the employment of the employee include, but are not limited to,   health   information   and   information   about   the   engagement,   training,   disciplining,   resignation, termination, terms and conditions of employment of the employee. Please see the Act for further examples of employee records.

4.                  Kinds of information that the Company collects and holds

4.1                The Company collects personal information that is reasonably necessary for one or more of its functions or activities.

4.2                 The type of information  that the Company  collects and holds may depend on your relationship  with the Company. For example:

4.2.(a)          Candidate:  if you are a candidate  seeking employment  with the Company,  the Company may collect and hold information including your name, address, email address, contact telephone number, gender, age, employment    history,    references,    resume,    medical    history,    emergency    contact,    taxation    details, qualifications and payment details.

4.2.(b)          Customer: if you are a customer of the Company, the Company may collect and hold information including your name, address, email address, contact telephone number, gender and age.

4.2.(c)           Supplier:  if you are a supplier of the Company,  the Company  may collect and hold information  including your  name,  address,  email  address,  contact  telephone  number,  business  records,  billing  information, information about goods and services supplied by you.

4.2.(d)          Referee:  if  you  are  a  referee  of  a  candidate  being  considered  for  employment  by  the  Company,  the Company  may  collect  and  hold  information  including  your  name,  contact  details,  current  employment information and professional opinion of candidate.

4.3                 Sensitive  information:  the  Company  will  only  collect  sensitive  information  where  you  consent  to  the collection   of  the  information   and  the  information   is  reasonably   necessary   for  one  or  more  of  the Company’s  functions  or activities.  Sensitive  information  includes,  but is not limited to, information  or an opinion about racial or ethnic origin, political opinions, religious beliefs, philosophical  beliefs, membership of a trade union, sexual preferences, criminal record, health information or genetic information.

5.                How the Company collects and holds personal information

5.1               The Company  must collect personal  information  only by lawful and fair means. The Company  will collect personal information directly from you if it is reasonable or practicable to do so.

5.2                The Company may collect personal information in a number of ways, including without limitation:

5.2.(a)          through application forms;

5.2.(b)          by email or other written mechanisms;

5.2.(c)          over a telephone call;

5.2.(d)          in person;

5.2.(e)          through transactions;

5.2.(f)           through our website;

5.2.(g)          through surveillance camera;

5.2.(h)          by technology that is used to support communications between us;

(1)   through publically available information sources (which may include telephone directories, the internet and social media sites);

(2)   direct marketing database providers.

5.3                When the Company collects personal information about you through publicly available information sources, it will manage such information in accordance with the APPs.

5.4                 At or before  the  time  or, if it is not reasonably  practicable,  as soon  as practicable  after,  the  Company collects personal information, the Company must take such steps as are reasonable in the circumstances to either notify you or otherwise ensure that you are made aware of the following:

5.4.(a)           the identity and contact details of the Company;

5.4.(b)          that the Company has collected personal information from someone other than you or if you are unaware that such information has been collected;

5.4.(c)           that collection of personal information is required by Australian law, if it is;

5.4.(d)          the purpose for which the Company collects the personal information;

5.4.(e)          the consequences if the Company does not collect some or all of the personal information;

5.4.(f)           any other third party to which the Company may disclose the personal information;

5.4.(g)           the  Company's  privacy  policy  contains  information  about  how  you  may  access  and  seek  correction  of personal information held by the Company and how you may complain about a breach of the APPs; and

5.4.(h)          whether the Company is likely to disclose personal information to overseas recipients, and the countries in which those recipients are likely to be located.

5.5  Unsolicited personal information is personal information that the Company receives which it did not solicit.

Unless the Company determines that it could have collected the personal information in line with the APPs or the information is contained within a Commonwealth  record, it must destroy the information to ensure it is de-­‐identified.

6.                Purposes for which the Company collects, holds, uses and/or discloses personal information

6.1                The Company will collect personal information if it is reasonably necessary for one or more of its functions or activities.
6.2                 The main purposes for which the Company may collect, hold, use and/or disclose personal information may include but are not limited to:

6.2.(a)          recruitment functions;

6.2.(b)          customer service management;

6.2.(c)          training and events;

6.2.(d)          surveys and general research; and

6.2.(e)          business relationship management.

6.3               The Company may also collect, hold, use and/or disclose personal information if you consent or if required or authorised under law.

6.4                 Direct marketing:

6.4.(a)           The Company may use or disclose personal information (other than sensitive information) about you for the purpose of direct marketing (for example, advising you of new goods and/or services being offered by the Company).
6.4.(b)          The Company may use or disclose sensitive information about you for the purpose of direct marketing if you have consented to the use or disclosure of the information for that purpose.
6.4.(c)           You can opt out of receiving direct marketing communications  from the Company by contacting the Privacy Officer in writing or if permissible accessing the Company’s website and unsubscribing appropriately.

7.              Disclosure of Personal Information

7.1                 The Company may disclose your personal information for any of the purposes for which it is was collected, as indicated under clause 6 of this policy, or where it is under a legal duty to do so.
7.2                 Disclosure will usually be internally and to related entities or to third parties such as contracted service suppliers.
7.3                 Before the Company discloses personal information about you to a third party, the Company will take steps as are reasonable in the circumstances  to ensure that the third party does not breach the APPs in relation to the information.

8.             Access to personal information

8.1                 If the Company holds personal information about you, you may request access to that information by putting the request in writing and sending it to the Privacy Officer. The Company will respond to any request within a reasonable period, and a charge may apply for giving access to the personal information.
8.2                 There  are certain  circumstances  in which  the Company  may refuse  to grant  you access  to the personal information. In such situations the Company will give you written notice that sets out:

8.2.(a)           the reasons for the refusal; and

8.2.(b)          the mechanisms available to you to make a complaint.

9.                Correction of personal information

9.1                 If  the  Company  holds  personal  information   that  is  inaccurate,  out-­‐of-­‐date,  incomplete,   irrelevant  or misleading, it must take steps as are reasonable to correct the information.

9.2                 If the Company holds personal information and you make a request in writing addressed to the Privacy Officer to correct the information, the Company must take steps as are reasonable to correct the information and the Company will respond to any request within a reasonable period.

9.3                 There are certain circumstances  in which the Company may refuse to correct the personal information.  In such situations the Company will give you written notice that sets out:

9.3.(a)           the reasons for the refusal; and

9.3.(b)          the mechanisms available to you to make a complaint.

9.4                 If the Company correct personal information that it has previously supplied to a third party and you request us to notify the third party of the correction,  the Company will take such steps as are reasonable  to give that notification unless impracticable or unlawful to do so.

10.               Integrity and security of personal information

10.1               The  Company  will  take  such  steps  (if  any)  as  are  reasonable  in  the  circumstances  to  ensure  that  the personal information that it:

10.1.(a)        collects is accurate, up-­‐to-­‐date and complete; and

10.1.(b)        uses or discloses is, having regard to the purpose of the use or disclose, accurate, up-­‐to-­‐date and complete.

10.2               The Company  will take steps as are reasonable  in the circumstances  to protect the personal  information from misuse, interference, loss and from unauthorised access, modification or disclosure.

10.3               If the Company holds personal information,  it no longer needs the information  for any purpose for which the information  may be used or disclosed, the information  is not contained in any Commonwealth  record and the Company is not required by law to retain the information, it will take such steps as are reasonable in the circumstances to destroy the information or to ensure it is de-­‐identified.

11.            Anonymity and Pseudonymity

11.1               You have the option of not identifying yourself, or using a pseudonym, when dealing with the Company in relation to a particular matter. This does not apply:
 

11.1.(a)        where the Company is required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves; or
11.1.(b)        where it is impracticable  for the Company to deal with individuals  who have not identified themselves  or who have used a pseudonym.
11.2               However,  in  some  cases  if  you  do  not  provide  the  Company  with  your  personal  information   when requested,  the Company  may not be able to respond  to your request  or provide  you with the goods or services that you are requesting.

12.               Complaints

12.1              You have a right to complain about the Company’s handling of your personal information if you believe theCompany has breached the APPs.

12.2             If you wish to make such a complaint to the Company, you should first contact the Privacy Officer in writing.

Your  complaint  will  be  dealt  with  in  accordance  with  the  Company’s  complaints  procedure and  the  Company will provide a response within a reasonable period.

12.3              If you are unhappy with the Company’s  response to your complaint, you may refer your complaint to the Office of the Australian Information Commissioner.