Privacy Policy
introduction
andrew vanny plumbing PRIVACY POLICY
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, Andrew Vanny Plumbing 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, Andrew Vanny Plumbing 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 Andrew Vanny Plumbing 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 Andrew Vanny Plumbing’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.
privacy principle
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. Andrew Vanny Plumbing 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 - Collection of solicited personal information
- APP 11 - Dealing with unsolicited 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. Andrew Vanny Plumbing’s Privacy Policy Manual provides a data breach preparation and response to any potential breaches to ensure compliance under the NDB and the Act.
GDPR
General Data Protection Regulation
Upon the implementation of the GDPR on 25 May 2018, Andrew Vanny Plumbing has updated the way they use and collect personal data from residents in the EU. This involves, identifying Andrew Vanny Plumbing’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 Andrew Vanny Plumbing’s website has been activated to ensure Andrew Vanny Plumbing’s clients have adequate protection in providing consent to Andrew Vanny Plumbing withholding their personal data.
DATA COLLECTION
Types of Personal Information That is Collected, Used, Processed & Held
Andrew Vanny Plumbing 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 Andrew Vanny Plumbing to clients. This information collected will be done so in the course of business where the client is a customer of Andrew Vanny Plumbing or when the client acts as a guarantor for another person or company that is a client of Andrew Vanny Plumbing. Andrew Vanny Plumbing 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;
- Full Name, Address, Date of Birth
- Credit references if applicable
- Publically available information which relate to the clients activities in Australia
- Any information recorded in the National Personal Insolvency Index
- The client acknowledges that provided the correct Privacy Act disclosures have been made that Andrew Vanny Plumbing may conduct a credit report on the client for the purposes of evaluating the credit worthiness of the client.
- Driver’s license details
- Driver’s license details
- Medical insurance details (if applicable)
- Electronic contact details including email, Facebook and Twitter details
- Next of kin and other contact information where applicable
Andrew Vanny Plumbing ensures that all personal information is held in a secure manner. Where applicable and to the best of Andrew Vanny Plumbing’s knowledge all computers or servers have the required security protections in place to safeguard and protect any personal information that is held by Andrew Vanny Plumbing.
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 Andrew Vanny Plumbing’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, Andrew Vanny Plumbing agrees to display reference to cookies and /or similar tracking technologies, such as pixels and web beacons (if applicable), and requests consent for Andrew Vanny Plumbing collecting your personal information which may include:
- (a) IP address, browser, email client type and other similar details;
- (b) Tracking website usage and traffic; and
- (c) Reports are available to Andrew Vanny Plumbing when Andrew Vanny Plumbing sends an email to the client, so Andrew Vanny Plumbing may collect and review that information
If you consent to Andrew Vanny Plumbing’s use of cookies on our website and later wish to withdraw your consent, you may manage and control Andrew Vanny Plumbing’s privacy controls through your browser, including removing cookies by deleting them from your browser history when you leave the site. Andrew Vanny Plumbing 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.
DATA breach
Procedures and responding to potential breaches of Privacy
In accordance with the NDB Andrew Vanny Plumbing 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”), Andrew Vanny Plumbing acknowledges that any potential data breaches will be safeguarded by the provisions of the GDPR.
Andrew Vanny Plumbing 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;
- Credit applications forms
- Work authorisation forms, quote forms or any other business documentation
- Publically available databases that hold information
- Websites that detail information such as Sensis, Facebook, Google etc
- 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 Andrew Vanny Plumbing 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 on the 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 Andrew Vanny Plumbing and agreeing to Andrew Vanny Plumbing’s Terms and Conditions of Trade, which comprises of Andrew Vanny Plumbing’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 do not wish to agree or consent to any of the above use, processing collection and disclosure, then Andrew Vanny Plumbing 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 e-mail to the following contact details;
Sandra Hunter
The Privacy Officer
Andrew Vanny Plumbing
87 Parklands Road Mount Colah NSW 2079
info@andrewvannyplumbing.com.au
0480 009 605
Andrew Vanny Plumbing will ensure that any Information that is to be obtained from you is done so using Andrew Vanny Plumbing’s prescribed forms which;
Authorise Andrew Vanny Plumbing:
1/ To collect personal information; and
2/ Inform the individual what personal information is being collected; and
3/ Inform the individual why (the purpose) the personal information is being collected; and
4/ Inform the individual why & when personal information will be disclosed to 3rd parties.
It is the responsibility of Andrew Vanny Plumbing 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.
disclosure
Purposes For Which Information Is Collected, Held, Used And Disclosed
Disclosure to Third Parties
Andrew Vanny Plumbing will not pass on your personal information to third parties without first obtaining your consent.
In accordance with the Act, and relevantly the GDPR, Personal Information can only be used by Andrew Vanny Plumbing for the following purposes:
1/ Access a credit reporter’s database for the following purposes:
- (a) To assess your application for a credit account; or
- (b) To assess your ongoing credit facility; or
- (c) To notify a credit reporter of a default by you; or
- (d) 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:
- (a) To assess your application for a credit account; or
- (b) To assess your ongoing credit facility; or
- (c) To notify a default.
3/ Market Andrew Vanny Plumbing’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.
Andrew Vanny Plumbing will only gather information for its particular purpose (primary purpose). In accordance with the Act, and relevantly the GDPR Andrew Vanny Plumbing will not disclose this information for any other purpose unless this has been agreed to by both parties.
right to request
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 Andrew Vanny Plumbing a copy of all the information about you that is retained by Andrew Vanny Plumbing. You also have the right to request (by telephone and/or by e-mail) that Andrew Vanny Plumbing 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;
Sandra Hunter
The Privacy Officer
Andrew Vanny Plumbing
87 Parklands Road Mount Colah NSW 2079
info@andrewvannyplumbing.com.au
0480 009 605
Andrew Vanny Plumbing will destroy personal information upon your request (by telephone and/or by e-mail) or when the personal information is no longer required. The exception to this is if the personal information is required in order to fulfil the purpose of Andrew Vanny Plumbing or is required to be maintained and/or stored in accordance with the law.
complaint
How An Individual May Complain About A Breach Of The APP, And How The Complaint Will Be Dealt With
You can make a complaint to Andrew Vanny Plumbing’s internal dispute resolution team (‘IDR’) regarding an interference with and/or misuse of your personal information by contacting Andrew Vanny Plumbing via telephone or e-mail.
Any complaints should be directed to the following contact details in the first instance;
Sandra Hunter
The Privacy Officer
Andrew Vanny Plumbing
87 Parklands Road Mount Colah NSW 2079
info@andrewvannyplumbing.com.au
0480 009 605
In your communication you should detail to Andrew Vanny Plumbing the nature of your complaint and how you would like Andrew Vanny Plumbing to rectify your complaint.
We will respond to that complaint within 7 days of receipt and will take all reasonable steps to make a decision as to the complaint within 30 days of receipt of the complaint.
We will disclose information in relation to the complaint to any relevant credit provider and or CRB that holds the personal information the subject of the complaint.
In the event that you are not satisfied with the resolution provided, then you can make a complaint to the Information Commissioner on the OAIC website at www.oaic.gov.au
recepients
Will Personal Information Be Disclosed To Overseas Recipients
Andrew Vanny Plumbing does not disclose information about the client to third party overseas recipients unless the client has provided its consent. Andrew Vanny Plumbing will notify you if circumstances change regarding overseas disclosure and will comply with the Act and the GDPR in all respects.
Unless otherwise agreed, Andrew Vanny Plumbing agrees not to disclose any personal information about the client for the purpose of direct marketing. You have the right to request (by telephone and/or by e-mail) that Andrew Vanny Plumbing does not disclose any personal information about you for the purpose of direct marketing.
policy manual
Availability Of This Privacy Policy Manual
This Privacy Policy manual is available to all clients of Andrew Vanny Plumbing. It will be made available (where applicable) on Andrew Vanny Plumbing’s website.
This manual will also be available upon request at Andrew Vanny Plumbing’s business premises and is available to be sent to you if required.
If you require a copy of this Privacy Policy please make a request utilising the following contact information in the first instance:
Sandra Hunter
The Privacy Officer
Andrew Vanny Plumbing
87 Parklands Road Mount Colah NSW 2079
info@andrewvannyplumbing.com.au
0480 009 605
privacy officer
Privacy Officer (Responsibilities)
Andrew Vanny Plumbing has appointed an internal Privacy Officer to manage its privacy matters. The name of this officer is available by making contact with Andrew Vanny Plumbing. The privacy officers duties include (but are not limited to) the following:
The Privacy Officer needs to be familiar with the APP’s. Educational material is available from the office of the Privacy Commissioner which explains what Andrew Vanny Plumbing needs to know in order to comply with the Privacy Act.
If a person complains to the Privacy Commissioner that Andrew Vanny Plumbing has breached their privacy, the Information Commissioner may contact the Privacy Officer to discuss the complaint, and to see whether there is any means of settling the matter. The Privacy Officer shall provide whatever assistance is necessary. The Privacy Officer may be asked to provide background information or identify the staff members who can do so.
Complaints
In the event that a complaint about privacy issues is received the Privacy Officer will:
1/ Take ownership of the complaint and ensure that it is dealt with in a timely manner.
2/Acknowledge receipt of the complaint within 24 hours and advise the complainant of their rights.
3/ Fully investigate the complaint.
4/ Respond, with findings, to the complainant within 30 days of receipt.
5/ Keep a record of all complaints received for ongoing review of policies and procedures.
In the event that a complaint about privacy issues is received via a credit reporter the Privacy Officer will:
1/ Take ownership of the complaint and ensure that it is dealt with in a timely manner.
2/Acknowledge receipt of the complaint to the credit reporter within 24 hours.
3/ Fully investigate the complaint.
3/ Respond, with findings, to the credit reporter within 7 days of receipt.
PRIVACY principle
APPENDIX A - INFORMATION PRIVACY PRINCIPLES
Part 1 – Consideration Of Personal Information Privacy
Australian Privacy Principle 1 – open and transparent management of personal information
1.1 The object of this principle is to ensure that APP entities manage personal information in an open and transparent way.
Compliance with the Australian Privacy Principles etc.
1.2 An APP entity must take such steps as are reasonable in the circumstances to implement practices, procedures and systems relating to the entity’s functions or activities that:
(a) will ensure that the entity complies with the Australian Privacy Principles and a registered APP code (if any) that binds the entity; and
(b) will enable the entity to deal with inquiries or complaints from individuals about the entity’s compliance with the Australian Privacy Principles or such a code.
APP Privacy policy
1.3 An APP entity must have a clearly expressed and up to date policy (the APP privacy policy) about the management of personal information by the entity.
1.4 Without limiting sub-clause 1.3, the APP privacy policy of the APP entity must contain the following information:
(a) The kinds of personal information that the entity collects and holds;
(b)How the entity collects and holds personal information;
(c) The purposes for which the entity collects, holds, uses and discloses personal information;
(d) How an individual may access personal information about the individual that is held by the entity and seek the correction of such information;
(e) How an individual may complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds the entity, and how the entity will deal with such a complaint;
(f) Whether the entity is likely to disclose personal information to overseas recipients;
(g) If the entity is likely to disclose personal information to overseas recipients—the countries in which such recipients are likely to be located if it is practicable to specify those countries in the policy.
Availability of APP privacy policy etc.
1.5 An APP entity must take such steps as are reasonable in the circumstances to make its APP privacy policy available:
(a) Free of charge; and
(b)In such form as is appropriate.
Note: An APP entity will usually make its APP privacy policy available on the entity’s website
1.6 If a person or body requests a copy of the APP privacy policy of an APP entity in a particular form, the entity must take such steps as are reasonable in the circumstances to give the person or body a copy in that form.
Australian Privacy Principle 2 – anonymity and pseudonymity
2.1 Individuals must have the option of not identifying themselves, or of using a pseudonym, when dealing with an APP entity in relation to a particular matter.
2.2 Sub-clause 2.1 does not apply if, in relation to that matter:
(a) The APP entity is required or authorised by or under an Australian law, or a court/ tribunal order, to deal with individuals who have identified themselves; or
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.
(b) It is impracticable for the APP entity to deal with individuals who have not identified themselves or who have used a pseudonym.
Part 2 – Collection Of Personal Information
Australian Privacy Principle 3 – collection of solicited personal information
3.1 If an APP entity is an agency, the entity must not collect personal information (other than sensitive information) unless the information is reasonably necessary for, or directly related to, one or more of the entity’s functions or activities.
3.2 If an APP entity is an organisation, the entity must not collect personal information (other than sensitive information) unless the information is reasonably necessary for one or more of the entity’s functions or activities.
3.3 An APP entity must not collect sensitive information about an individual unless:
(a) The individual consents to the collection of the information and:
(i) If the entity is an agency—the information is reasonably necessary for, or directly related to, one or more of the entity’s functions or activities; or
(ii) If the entity is an organisation—the information is reasonably necessary for one or more of the entity’s functions or activities; or
(b) sub-clause 3.4 applies in relation to the information.
Means of collection
3.5 An APP entity must collect personal information only by lawful and fair means.
3.6 An APP entity must collect personal information about an individual only from the individual unless:
(a) If the entity is an agency:
(i) The individual consents to the collection of the information from someone other than the individual; or
(ii) The entity is required or authorised by or under an Australian law, or a court/tribunal order, to collect the information from someone other than the individual; or
(a) It is unreasonable or impracticable to do so.
Solicited personal information
3.7 This principle applies to the collection of personal information that is solicited by an APP entity.
PRIVACY principle
Australian Privacy Principle 4 – dealing with unsolicited personal information
Australian Privacy Principle 3 – collection of solicited personal information
4.1 If
(a) An APP entity receives personal information; and
(b)The entity did not solicit the information;
The entity must, within a reasonable period after receiving the information, determine whether or not the entity could have collected the information under Australian Privacy Principle 3 if the entity had solicited the information.
4.2 The APP entity may use or disclose the personal information for the purposes of making the determination under sub-clause 4.1.
4.3 If
(a) The APP entity determines that the entity could not have collected the personal information; and
(b)The information is not contained in a Commonwealth record;
The entity must, as soon as practicable but only if it is lawful and reasonable to do so, destroy the information or ensure that the information is de-identified.
4.4 If sub-clause 4.3 does not apply in relation to the personal information, Australian Privacy Principles 5 to 13 apply in relation to the information as if the entity had collected the information under Australian Privacy Principle 3
PRIVACY principle
Australian Privacy Principle 5 – notification of the collection of personal information
Australian Privacy Principle 3 – collection of solicited personal information
5.1 At or before the time or, if that is not practicable, as soon as practicable after, an APP entity collects personal information about an individual, the entity must take such steps (if any) as are reasonable in the circumstances: (a) to notify the individual of such matters referred to in sub-clause 5.2 as are reasonable in the circumstances; or (b) to otherwise ensure that the individual is aware of any such matters.
(a) To notify the individual of such matters referred to in sub-clause 5.2 as are reasonable in the circumstances; or
(b)To otherwise ensure that the individual is aware of any such matters.
5.2 The matters for the purposes of sub-clause 5.1 are as follows:
(a) The identity and contact details of the APP entity;
(b) If:
(i) The APP entity collects the personal information from someone other than the individual; or
(ii) The individual may not be aware that the APP entity has collected the personal information;
The fact that the entity so collects, or has collected, the information and the circumstances of that collection;
(c) If the collection of the personal information is required or authorised by or under an Australian law or a court/tribunal order— the fact that the collection is so required or authorised (including the name of the Australian law, or details of the court/ tribunal order, that requires or authorises the collection);
(d) The purposes for which the APP entity collects the personal information;
(e) The main consequences (if any) for the individual if all or some of the personal information is not collected by the APP entity;
(f) Any other APP entity, body or person, or the types of any other APP entities, bodies or persons, to which the APP entity usually discloses personal information of the kind collected by the entity;
(g) That the APP privacy policy of the APP entity contains information about how the individual may access the personal information about the individual that is held by the entity and seek the correction of such information;
(h) That the APP privacy policy of the APP entity contains information about how the individual may complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds the entity, and how the entity will deal with such a complaint;
(i) That the APP privacy policy of the APP entity contains information about how the individual may complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds the entity, and how the entity will deal with such a complaint;
(j) That the APP privacy policy of the APP entity contains information about how the individual may complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds the entity, and how the entity will deal with such a complaint;
