BACKGROUND
The private sector provisions of the federal Privacy Act 1988 centre around thirteen (13) Australian Privacy Principles (APP) which set out how companies should collect, use, keep secure, update and disclose personal information. Electrical Consultants Pty Ltd trading as “MAXSOLAR” are committed to meeting all relevant obligations under the Privacy Act 1988.
This Electrical Consultants Pty Ltd trading as “MAXSOLAR” Privacy Policy states how the private information held by Electrical Consultants Pty Ltd trading as “MAXSOLAR” on individuals is collected, stored and released in accordance with the thirteen (13) APP.
The thirteen (13) APP come under the following headings (which are specifically referred to below in the body of this Policy) and include: open and transparent management of personal information; anonymity and pseudonymity; collection of solicited personal information; dealing with unsolicited personal information; notification of the collection of personal information; use or disclosure of personal information; direct marketing; cross-border disclosure of personal information; adoption, use or disclosure of government related identifiers; quality of personal information; security of personal information; access to personal information; and correction of personal information.
OPEN AND TRANSPARENT MANAGEMENT OF PERSONAL INFORMATION
Electrical Consultants Pty Ltd trading as “MAXSOLAR” lawfully collects personal information in a non-intrusive and transparent way in order to complete one or more of the company activities and also to comply with statutory requirements.
The information is collected verbally and in writing via email, social media, letter, standard company forms and the Electrical Consultants Pty Ltd trading as “MAXSOLAR” web site.
Information on individuals is collected from the following parties: prospective clients; clients; prospective employees; employees. The personal information is saved in electronic form only.
The private information is collected on these individuals for the following purposes, including but not limited to:
- To comply with all statutory requirements including, but not limited to: local, state and federal building and development authority approvals; taxation; superannuation; and work place health and safety;
- Where Electrical Consultants Pty Ltd trading as “MAXSOLAR” is legally required to do so;
- Enable debt collection of monies owed to Electrical Consultants Pty Ltd trading as “MAXSOLAR”;
- Carry out searches to appropriately determine personal credit histories and personal employment and industry performance in the fields Electrical Consultants Pty Ltd trading as “MAXSOLAR” has business dealings with;
- Comply with insurance company requirements;
- Comply with the terms and conditions of contracts between Electrical Consultants Pty Ltd trading as “MAXSOLAR” and individuals and organisations Electrical Consultants Pty Ltd trading as “MAXSOLAR” contracts with;
- Make promotional offers; and
- Carry out surveys with individual’s Electrical Consultants Pty Ltd trading as “MAXSOLAR” deals and contracts with.
In the event Electrical Consultants Pty Ltd trading as “MAXSOLAR”, or any companies which make up Electrical Consultants Pty Ltd trading as “MAXSOLAR”, is/are sold, all personal information held by the Group and/or individual companies will be provided to the new owner/s for the purposes of servicing the ongoing commercial practices of the company.
ANONYMITY AND PSUEDONYMITY
Wherever it is lawful and or practicable, individuals have the option of not identifying themselves or by a pseudonym, when entering transactions with Electrical Consultants Pty Ltd trading as “MAXSOLAR”.
COLLECTION OF SOLICITED PERSONAL INFORMATION
Electrical Consultants Pty Ltd trading as “MAXSOLAR” only collects and records personal information that is necessary to carry out a contract and or comply with statutory requirements and or to prevent or lessen a serious and imminent threat to the life or health of any individual. Where is it necessary for Electrical Consultants Pty Ltd trading as “MAXSOLAR” to provide information about an individual, for reasons other than those stated above then approval is sought from the individual in writing and written authorisation must be forth-coming.
Electrical Consultants Pty Ltd trading as “MAXSOLAR” takes all reasonable steps to make sure the personal information collected, used or discloses is accurate, complete and up-to-date.
DEALING WITH UNSOLICITED PERSONAL INFORMATION
Electrical Consultants Pty Ltd trading as “MAXSOLAR” will within a reasonable period determine if any unsolicited information that is received could have been received if solicited, and record it accordingly where it is legal to do so and relevant to a contract. However, where it is legal and reasonable to do so, Electrical Consultants Pty Ltd trading as “MAXSOLAR” will destroy any unsolicited personal information, which could not have been obtained if solicited, to ensure the information is de-identified.
NOTIFICATION OF THE COLLECTION OF PERSONAL INFORMATION
Electrical Consultants Pty Ltd trading as “MAXSOLAR” notifies clients at the time of contract signing that personal information will be recorded along with the reasons the personal information is recorded.
DIRECT MARKETING
Personal information is used for the purpose of direct marketing where the individual would expect to receive direct marketing and is given an easy and simple means of requesting not to receive direct marketing communication.
Electrical Consultants Pty Ltd trading as “MAXSOLAR” does not use personal sensitive information for the purposes of direct marketing.
CROSS-BORDER DISCLOSURE OF PERSONAL INFORMATION
Electrical Consultants Pty Ltd trading as “MAXSOLAR” may transfer personal information about an individual to someone (other than with Electrical Consultants Pty Ltd trading as “MAXSOLAR” or the individual) who is in a foreign country only if is legally required to do so; is directed by the individual to disclosure the information; or it is reasonable and necessary to do so for the purposes of complying with/executing a contract between Electrical Consultants Pty Ltd trading as “MAXSOLAR” and the individual.
ADOPTION, USE OR DISCLOSURE OF GOVERNMENT RELATED IDENTIFIERS
Electrical Consultants Pty Ltd trading as “MAXSOLAR” does not adopt as its own identifier of an individual or organisation, a government related identifier unless: the use of the government related identifier is required or authorised by or under an Australian law or a court/tribunal order; or an identifier of the individual or organisation has been assigned by: an agency; or an agent of an agency acting in its capacity as agent; or a contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract; or a government related body or agency.
According to the federal Privacy Act 1988, Identifier includes a number assigned by an organisation to an individual to identify uniquely the individual for the purposes of the organisation’s operations. However, an individual’s name or ABN (as defined in the A New Tax System (Australian Business Number) Act 1999) is not an identifier.
QUALITY OF PERSONAL INFORMATION
Electrical Consultants Pty Ltd trading as “MAXSOLAR” takes all reasonable steps to ensure personal information is accurate, up-to-date and complete.
SECURITY OF PERSONAL INFORMATION
Electrical Consultants Pty Ltd trading as “MAXSOLAR” takes all reasonable steps to protect the personal information held from misuse and loss and from unauthorised access, modification or disclosure.
The personal information is held for a maximum of seven (7) years and is destroyed at the end of this period or earlier if the information is no longer required to be legally kept.
ACCESS TO PERSONAL INFORMATION
This Electrical Consultants Pty Ltd trading as “MAXSOLAR” Privacy Policy clearly expresses policies on the management of personal information and is available to anyone who asks for it.
Individuals from whom Electrical Consultants Pty Ltd trading as “MAXSOLAR” collects information can ask what sort of personal information is held, for what purpose; how this information is collected; and for how long it is, held, used and disclosed.
Electrical Consultants Pty Ltd trading as “MAXSOLAR” will not provide access where any or all of the following apply: it is illegal; the request is frivolous or vexatious; a court order has been issued denying access; the application is unreasonable to the privacy of other individuals; access would pose a serious threat to the life, health or safety of any individual or public health and safety; access would likely prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; giving access would reveal intentions of Electrical Consultants Pty Ltd trading as “MAXSOLAR” in relation to negotiations with the individual (applicant) in such a way as to prejudice those negotiations; the information relates to existing or anticipated legal proceedings between M Electrical Consultants Pty Ltd trading as “MAXSOLAR” and the individual (applicant), would not be accessible by the process of discovery in those proceedings; Electrical Consultants Pty Ltd trading as “MAXSOLAR” suspects that unlawful activity, or misconduct of a serious nature, that relates to the applicant’s functions or activities has been, is being or may be engaged in; giving access would likely to prejudice the taking of appropriate action in relation to the matter; and or giving access would reveal evaluative information generated within IT in connection with a commercially sensitive decision-making process.
Applications to access personal information must be made in writing and Electrical Consultants Pty Ltd trading as “MAXSOLAR” will respond within 30 calendar days of the request. If the request is refused the response denying access must provide the reasons access is denied.
CORRECTION OF PERSONAL INFORMATION
Electrical Consultants Pty Ltd trading as “MAXSOLAR” will take all reasonable steps to correct personal information so that it is accurate, relevant and not misleading, with regard for the purposes for which the personal information is held.
COMPLAINT
If you have a complaint about the way Electrical Consultants Pty Ltd trading as “MAXSOLAR” has handled your personal information then please contact Electrical Consultants Pty Ltd trading as “MAXSOLAR” by phoning 0403285756 and asking to speak to the Manager. The process for making a compliant will be advised to you and will include providing a written statement of the nature of the compliant to which the Manager will respond to in writing within 30 days of receipt if the written complaint.
It is also possible to make a complaint directly to The Office of the Privacy Commissioner.
The Office of the Privacy Commissioner is an independent statutory office which seeks to promote and protect privacy in Australia and falls under the portfolio responsibility of the Australian Government Department of Prime Minister and Cabinet.
The Office of the Privacy Commissioner may be contacted through www.privacy.gov.au.
Important note: The Electrical Consultants Pty Ltd trading as “MAXSOLAR” Privacy Policy was created using information and wording, part and in whole, contained in the federal Privacy Act 1988 and Australian Privacy Principles Fact Sheet 17 and the use of this information in this way has been deemed by the Office of the Privacy Commissioner to comply with the provisions of the Federal Copyright 1968.
