1. Introduction
1.1
Sparrow XPL Pty Ltd (ACN 685 694 106) recognises that the privacy of personal information is important and is committed to protecting personal information that it collects and holds. The Privacy Act 1988 (Cth) (the Privacy Act) and the Australian Privacy Principles set out the applicable legal requirements with respect to the management of personal information, with the exception of certain employee records.
1.2
This policy sets out how Sparrow XPL Pty Ltd collects, uses, discloses and otherwise manages personal information. ‘Personal information’ is information or opinions relating to an identifiable individual. Information is not personal information where it cannot be linked to an identified individual.
1.3
Nothing in this policy prevents Sparrow XPL Pty Ltd from collecting or disclosing personal information that comprises employee records of current or former employees, provided such collection or disclosure does not breach the Privacy Act.
1.4
The policy is effective from INSERT DATE.
2. Types of Personal Information Sparrow XPL Pty Ltd Collects
2.1
The types of personal information that Sparrow XPL Pty Ltd may collect and hold in relation to subcontractors, employees and prospective subcontractors and employees includes:
(a)
contact information including date of birth, ID documents and emergency contact information;
(b)
recruitment information including application form/s, interview documentation, reference checks or screening information;
(c)
employment history including any promotions or demotions, performance reviews and disciplinary records;
(d)
medical information including medical testing, details of leave of absences or workplace accidents or injuries;
(e)
financial information;
(f)
licensing information; and
(g)
information that Sparrow XPL Pty Ltd is legally required to collect.
2.2
The types of personal information that Sparrow XPL Pty Ltd may collect and hold in relation to customers and suppliers (other than subcontractors) includes:
(a)
contact information;
(b)
recruitment information including application form/s, interview documentation, reference checks or screening information;
(c)
video footage from cameras in Sparrow XPL Pty Ltd’s business premises;
(d)
billing and financial information;
(e)
licensing information;
(f)
details of any enquiries or complaints;
(g)
information that Sparrow XPL Pty Ltd is legally required to collect; and
(h)
in the case of customers, credit information, the management of which is explained in clause 3.
2.3
‘Sensitive information’ is a special category of personal information and includes information that could have serious consequences for the individual if it is used inappropriately. Sparrow XPL Pty Ltd may, with the consent of the individual, collect sensitive information about subcontractors and employees and prospective subcontractors and employees including:
(a)
medical history;
(b)
membership of unions and professional associations.
2.4
Sparrow XPL Pty Ltd will not collect sensitive information without the consent of the individual to whom the information relates unless it is permitted to do so under the Privacy Act.
2.5
Sparrow XPL Pty Ltd collects video recordings and photographs from closed-circuit television cameras at its business premises.
3. Types of Credit Information Sparrow XPL Pty Ltd Collects
3.1
In providing services to a customer, Sparrow XPL Pty Ltd may collect and hold the following types of credit information:
(a)
information about any credit that has been provided;
(b)
repayment history information and information about overdue payments; and
(c)
information in relation to court proceedings that are initiated in relation to customer credit activities and any relevant bankruptcy or insolvency arrangements.
3.2
Sources from which Sparrow XPL Pty Ltd may collect credit information include:
(a)
ASIC;
(b)
CreditorWatch, as outlined in clause 3.4;
(c)
suppliers; and
(d)
Sparrow XPL Pty Ltd’s subcontractors and agents.
3.3
Sparrow XPL Pty Ltd may also collect personal information that may affect a customer’s credit worthiness from other credit providers (e.g. trade referees and banks) that themselves may collect that information from credit reporting bodies. The kinds of personal information we collect may include any of those kinds of personal information outlined in clause 3.1.
3.4
Sparrow XPL Pty Ltd also uses CreditorWatch which provides Sparrow XPL Pty Ltd with credit risk information on customers and guarantors for customers. Sparrow XPL Pty Ltd may disclose to CreditorWatch any serious failures by customers or guarantors in meeting payment obligations.
4. Collection of Personal Information Through Our Website
4.1
Sparrow XPL Pty Ltd’s website provider may make and maintain records of Sparrow XPL Pty Ltd’s official website and the pages you visit so that Sparrow XPL Pty Ltd can:
(a)
monitor website traffic;
(b)
determine which of our services are popular; and
(c)
deliver customised content or advertising.
4.2
Sparrow XPL Pty Ltd website also set cookies for analytical purposes. A cookie is a text file that is placed on your hard disk by a webpage server. Cookies are uniquely assigned to you, and can only be read by a webserver in the domain that issued the cookie to you. A cookie notifies the webserver that you have returned to a specific page. For example, if you personalise Sparrow XPL Pty Ltd’s webpage or register with Sparrow XPL Pty Ltd’s site, a cookie:
(a)
helps Sparrow XPL Pty Ltd to recall your specific information on subsequent visits; and
(b)
simplifies the process of recording your personal information, such as your billing address and delivery address.
4.3
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.
5. Sparrow XPL Pty Ltd’s Purpose of Collecting Information
5.1
Sparrow XPL Pty Ltd collects the personal information of subcontractors and employees and prospective subcontractors and employees to allow it to:
(a)
manage any employment or engagement relationship, including to assess performance, and for health and safety purposes;
(b)
comply with legislative requirements; and
(c)
determine whether to offer employment to a prospective employee.
5.2
Sparrow XPL Pty Ltd collects personal information from closed-circuit television cameras:
(a)
to prevent and detect crime;
(b)
to assist in providing a safe working environment;
(c)
to protect Sparrow XPL Pty Ltd’s property and the property of Sparrow XPL Pty Ltd’s customers, subcontractors, agents and visitors; and
(d)
for quality and compliance purposes.
5.3
Sparrow XPL Pty Ltd collects the personal information of customers and potential customers to allow it to:
(a)
provide and arrange transport, storage and other logistics services;
(b)
comply with legislative requirements; and
(c)
provide information about any additional services Sparrow XPL Pty Ltd offers.
6. What Happens if Personal Information is Not Provided?
6.1
If a person fails to provide Sparrow XPL Pty Ltd with personal information that Sparrow XPL Pty Ltd seeks, or if that information is inaccurate or incomplete, Sparrow XPL Pty Ltd may be unable to provide that person with transport and logistics services or to consider engaging or employing that person.
6.2
It will generally be impracticable for you to deal with us anonymously or using a pseudonym, as we need to collect and retain information as to who owns and has custody of goods entrusted to us.
7. How Does Sparrow XPL Pty Ltd Collect Personal Information?
7.1
Sparrow XPL Pty Ltd usually collects personal information directly from the person to whom the information relates.
7.2
Sparrow XPL Pty Ltd may also collect personal information from:
(a)
government bodies and agencies;
(b)
public records and registers;
(c)
courts and tribunals;
(d)
current and previous employers;
(e)
recruitment agencies and labour hire providers;
(f)
doctors or other medical professionals who carry out health screening checks;
(g)
closed-circuit television cameras; and
(h)
online searches and social media.
8. How Does Sparrow XPL Pty Ltd Use and Disclose Personal Information?
8.1
Personal information may be disclosed to:
(a)
Sparrow XPL Pty Ltd’s subcontractors;
(b)
insurers and insurance brokers for whom Sparrow XPL Pty Ltd acts as an authorised representative in connection with arrangements for insurance cover over customer goods;
(c)
entities that conduct licence checks for Sparrow XPL Pty Ltd;
(d)
government bodies such as Workplace Health and Safety Authorities, the Department of Home Affairs, Services Australia, the National Heavy Vehicle Regulator, State and Territory road authorities, and the Australian Taxation Office;
(e)
customers who require information from Sparrow XPL Pty Ltd for their compliance procedures or to meet legislative requirements;
(f)
third party service providers engaged by Sparrow XPL Pty Ltd to provide services such as insurers, IT support providers, debt collectors and banks;
(g)
third party technology providers including MachShip Australia Pty Ltd which provide software to allow Sparrow XPL Pty Ltd to run its transport and logistics business.
9. How Does Sparrow XPL Pty Ltd Protect Personal Information?
9.1
Sparrow XPL Pty Ltd uses various physical and electronic security measures to protect personal information held by Sparrow XPL Pty Ltd, including using:
(a)
security systems and other restrictions to limit access to Sparrow XPL Pty Ltd’s premises;
(b)
locked filing cabinets and a locked archive room;
(c)
secure electronic databases and cloud business systems;
(d)
two factor authentication;
(e)
unique usernames, passwords and other protections on systems that can access personal information; and
(f)
electronic security systems and firewalls including anti-ransomware, anti-virus, anti-spyware measures and mail filtering software which blocks potential threats.
9.2
Sparrow XPL Pty Ltd also manages the personal information it collects by:
(a)
providing its staff with training on their obligations under the Privacy Act;
(b)
supervising staff who regularly handle personal information;
(c)
implementing procedures to identify and report privacy breaches and to respond to complaints about privacy breaches; and
(d)
designating a privacy officer whose role is to manage compliance with the Privacy Act.
10. Artificial Intelligence
Sparrow XPL Pty Ltd does not use artificial intelligence to automate decision making.
11. Overseas Disclosure
While Sparrow XPL Pty Ltd does not generally disclose personal information to overseas recipients, Sparrow XPL Pty Ltd’s software providers may store or back up data overseas.
12. Accessing and Correcting Personal Information
12.1
Any person may request access to personal information about them held by Sparrow XPL Pty Ltd or request that their personal information is corrected.
12.2
Requests may be made to Sparrow XPL Pty Ltd’s Privacy Officer by emailing privacy@sparrowxpl.com.au.
12.3
If a request is made in accordance with clause 12.1, Sparrow XPL Pty Ltd will take reasonable steps to:
(a)
provide access to relevant personal information that it holds; and
(b)
correct any personal information if the data or information held is incomplete, irrelevant or misleading.
12.4
Sparrow XPL Pty Ltd will not disclose any personal information under clause 12.1 without proof of identity.
12.5
Sparrow XPL Pty Ltd may deny access to personal information if:
(a)
the request is unreasonable;
(b)
providing access would have an unreasonable impact on the privacy of another person;
(c)
providing access would pose a serious and imminent threat to the life or health of any person; or
(d)
there are other legal grounds to deny the request.
13. Complaints
13.1
Complaints about a breach of the Australian Privacy Principles may be made to Sparrow XPL Pty Ltd’s Privacy Officer by emailing privacy@sparrowxpl.com.au.
13.2
All complaints will be responded to within a reasonable time.
13.3
Complaints may also be referred to the office of the Australian Information Commissioner (see details at www.oaic.gov.au).
14. Changes to the Policy
Sparrow XPL Pty Ltd may update or modify this policy at any time.
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