Privacy Policy v2.0
Train N Trade is committed to privacy protection and compliance with applicable privacy laws and standards, and will manage personal information in an open and transparent way.
Train N Trade will fulfil its obligations under the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) by complying with the Australian Privacy Principles (APPs). These 13 principles detail how organisations should collect, update, use, keep secure or where necessary disclose and give access to personal information, as well as how complaints should be handled and how, in some circumstances, anonymity can be maintained.
2. SCOPE
This policy applies to all employees, contractors, current or future participants and partners. It applies to the collection, updating, use, storage, disclosure and access to personal and sensitive information that can be recorded in any format including, but not limited to, information held in writing, online, digitally or by electronic means, including mobile phones and USB sticks.
3. POLICY
3.1 Collection
3.1.1 Your personal information: Information collected and held by Train N Trade could include name, current and previous address, telephone number(s), driver licence number, date of birth, diversity status, and relevant sensitive (e.g. health) information, as well as details of your trading with us e.g. numbers, financial and business details (partners and current or future participants ) information.
Train N Trade will:
3.1.1.1 where reasonable and practicable to do so, collect personal information about an individual from that individual
3.1.1.2 ensure that individuals are aware that, in some circumstances, information may be provided anonymously or by using a pseudonym unless
(a) Train N Trade is required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves or
(b) it is impracticable for Train N Trade to deal with individuals who have not identified themselves or who have used a pseudonym
3.1.1.3 not collect, update, use, store or disclose personal, health or business information to another party without written consent from an individual, business or Train N Trade
3.1.1.4 only collect personal information that is necessary for its functions or activities
3.1.1.5 only collect information by lawful and fair means, without unwarranted coercion and in a way that is not unreasonably intrusive
3.1.1.6 when, or as soon as practicable after, collecting personal information from an individual, Train N Trade will take reasonable steps to ensure that the individual is aware of:
a) Train N Trade’s identity and contact details
b) how to access the information
c) how to update the information
d) the purpose for which the information is collected
e) the types of entities to which Train N Trade usually discloses information of that kind, and, where relevant, the countries in which overseas recipients are likely to be located
f) any law that requires the particular information to be collected
g) the main consequences (if any) for the individual if all or part of the information is not provided
h) Train N Trade’s Privacy Policy which contains information about how the individual may access the personal information about the individual and seek the correction of such information, and
i) how to complain about a breach of the Australian Privacy Principles.
3.1.1.7 if personal information is collected from someone other than the individual, take reasonable steps to ensure that the individual is made aware of the matters listed above except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual
3.1.1.8 inform all managers and staff by way of the Privacy Policy that no personal information or business details are to be given to another party without the consent/and or guidance of the Principal Executive Officer
3.1.1.9 inform the party/s concerned of the reason for collecting, using, storing or disclosing such information
3.1.1.10 inform the party/s concerned of the main consequences if all or part of the information is not provided.
3.1.2 Where our information comes from Train N Trade collects personal information in a number of ways:
3.1.2.1 directly from you when you apply to us for employment as part of our recruitment
of employees process, or training and/or assessment services, on an application form
3.1.2.2 from freely available “public domain” information sources e.g. telephone directories
3.1.2.3 from our own records of how and when you use our various services
3.1.2.4 from third parties, such as previous employers, registered training organisation or organisations you have dealt with in the past and volunteered by you as a reference for the purposes of employment or credit checks prior to the opening of an account with us.
3.1.3 Unsolicited information
3.1.3.1 If TRAIN N TRADE receives unsolicited personal information, we will, within a reasonable period after receiving the information, determine whether or not the information could have been collected by lawful and fair means.
3.1.3.2 If TRAIN N TRADE determines that we could not have collected the personal information, and the information is not contained in a Commonwealth record, TRAIN N TRADE will, as soon as practicable, but only if it is lawful and reasonable to do so, destroy the information or ensure the information is de-identified.
3.1.3.3 If TRAIN N TRADE determines that the information could have been collected by lawful and fair means, we will apply the Australian Privacy Principles in relation to the information as if we had collected the information under the Australian Privacy Principles.
3.2 USE AND DISCLOSURE
3.2.1 How we use information TRAIN N TRADE will only use this information to:
3.2.1.1 provide the service(s) you have requested. This may be payment for work done, invoicing for work completed by one of our employees, or providing training services and reporting results
3.2.1.2 manage those services in order to provide the optimum level of service for your individual needs
3.2.1.3 conduct appropriate credit, police and/or “Working with Children” checks, and pre-employment checks e.g. reference checking or pre-employment medical advice
3.2.1.4 advise you of other services that we provide, that may be of interest to you.
3.2.2 When we use or disclose information
3.2.2.1 TRAIN N TRADE will only disclose information about you to others on an as needs basis or
where required by law.
These people or organisations may include,
a) your authorised representative or legal advisors
b) banks or credit providers for payroll purposes or credit related functions such as the provision of account facilities
c) government and statutory authorities, where required by law, for example the reporting of training results for a registered trainee; Australian Taxation Office; or nominated superannuation fund
d) TRAIN N TRADE’s RTO MANAGER/Principle Executive Officer (PEO) who believes that use of the information is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person.
3.2.2.2 TRAIN N TRADE will only use or disclose personal information for a purpose (the secondary purpose) other than the primary purpose of collection if:
a) the individual has consented to the use or disclosure of the information or
b) the individual would reasonably expect the information to be used or disclosed for the secondary purpose and
c) if the information is sensitive, it is directly related to the primary purpose or
d) if the information is not sensitive, it is related to the primary purpose or
e) the use or disclosure of the information is required or authorised by or under an Australian law or court/tribunal order or
f) a permitted general situation exists or
g) a permitted health situation exists or
h) TRAIN N TRADE reasonably believes that the use or disclosure is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
3.2.3 Record of use and/or disclosure & de-identification
If TRAIN N TRADE uses or discloses personal information under the previous paragraph we will make a written note of the use or disclosure, and will take reasonable steps to ensure that the information in de-identified before disclosure.
3.2.4 Exceptions
These guidelines on use and disclosure of personal information do not apply for the purposes of direct marketing or the use of government related identifiers,
3.2.5 Direct marketing
3.2.5.1 TRAIN N TRADE may use or disclose personal information (other than sensitive information) about an individual for the purposes of direct marketing if:
a) TRAIN N TRADE collected the information from the individual and
b) the individual would reasonably expect TRAIN N TRADE to use or disclose the information for that purpose and
c) TRAIN N TRADE provides a simple means by which the individual may easily request not to receive direct marketing communications from TRAIN N TRADE and
d) the individual has not made such a request to TRAIN N TRADE.
3.2.5.2 TRAIN N TRADE may also use or disclose personal information (other than sensitive information) about an individual for the purpose of direct marketing if:
a) TRAIN N TRADE collected the information from
(i) the individual and the individual would not reasonably expect TRAIN N TRADE to use or disclose the information for that purpose or
(ii) someone other than the individual and
b) either
(i) the individual has consented to the use or disclosure of the information for that purpose or
(ii) it is impracticable to obtain that consent and
c) TRAIN N TRADE provides a simple means by which the individual may easily request not to receive direct marketing communications from TRAIN N TRADE and
d) in each direct marketing communication with the individual:
(i) TRAIN N TRADE includes a prominent statement that the individual may make such a request or
(ii) TRAIN N TRADE otherwise draws the individual’s attention to the fact that the individual may make such a request and
e) the individual has not made such a request to TRAIN N TRADE.
3.2.5.3 Exception – sensitive information
TRAIN N TRADE may use or disclose sensitive information about an individual for the purposes of direct marketing if the individual has consented to the use or disclosure of the information for that purpose.
3.2.5.4 Exception – contracted service providers
TRAIN N TRADE may use or disclose personal information for the purposes of direct marketing if:
a) TRAIN N TRADE is a contracted service provider for a Commonwealth contract and
b) TRAIN N TRADE collected the information for the purpose of meeting (directly or indirectly) an obligation under the contract and
c) the use or disclosure is necessary to meet (directly or indirectly) such an obligation.
3.2.5.5 If TRAIN N TRADE uses or discloses personal information about an individual:
a) for the purpose of direct marketing by TRAIN N TRADE or
b) for the purpose of facilitating direct marketing by other organisations the individual may:
c) if clause 3.2.5.5 a) applies – request not to receive direct marketing communications from TRAIN N TRADE and
d) if clause 3.2.5.5 b) applies – request TRAIN N TRADE not to use or disclose the information for the purpose referred to in that sub-clause and
e) request TRAIN N TRADE to provide its source of information.
3.2.5.6 If an individual makes a request under the above sub-clause, TRAIN N TRADE must not charge the individual for the making of, or to give effect to, the request and
a) if the request is not to receive direct marketing communications from TRAIN N TRADE for its own direct marketing or for the facilitating direct marketing by other organisations, TRAIN N TRADE must give effect to the request within a reasonable period after the request is made and
b) if the request is that TRAIN N TRADE provide its source of information, TRAIN N TRADE must, within a reasonable period after the request is made, notify the individual of its source unless it is impracticable or unreasonable to do so.
3.2.5.7 This principle does not apply to the extent that any of the following apply:
a) the Do Not Call Register Act 2006
b) the Spam Act 2003
c) any other Act of the Commonwealth, or a Norfolk Island enactment, prescribed by the regulations.
3.3 DATA QUALITY – Have we got the right information?
TRAIN N TRADE will:
3.3.1 take such steps (if any) as are reasonable in the circumstances to ensure that the personal information we collect, use and where appropriate disclose to others is accurate, complete, and up to date
3.3.2 if satisfied that, having regard to the purpose for which the information is held, the information is inaccurate, out of date, incomplete, irrelevant or misleading or
3.3.3 if the individual requests TRAIN N TRADE to correct the information take such steps (if any) as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading
3.3.4 when correcting personal information about an individual that we previously disclosed to another organisation also respondent to the Australian Privacy Principles, and if the individual requests us to do so, we will take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so
3.3.5 give the individual a written notice if we refuse to correct the personal information, as requested by the individual, setting out
(a) the reasons for the refusal except to the extent that it would be unreasonable to do so and
(b) the mechanisms available to complain about the refusal and
(c) any other matter prescribed by the regulations.
3.3.6 if the individual and TRAIN N TRADE disagree about whether the information is inaccurate, incomplete, out of date, irrelevant or misleading, and the individual asks TRAIN N TRADE to associate with the information a statement that the information is inaccurate, incomplete, out of date, irrelevant or misleading, TRAIN N TRADE will take such steps as are reasonable in the circumstances to associate the statement in such a way that will make the statement apparent to users of the information.
3.4 DATA SECURITY
TRAIN N TRADE will:
3.4.1 take reasonable steps to ensure the information held is protected from misuse, interference and loss as well as from unauthorised access, modification or disclosure. Limited access will be given to authorised personnel only, and only where TRAIN N TRADE believes they reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs
3.4.2 have physical, electronic, and procedural safeguards in place that comply with federal regulations to protect personal and business information about you
3.4.3 store information electronically or in paper files secured in locked cabinets
3.4.4 take reasonable steps to destroy or permanently de-identify personal information if it is no longer required, is not contained in a Commonwealth record, and TRAIN N TRADE is not required by or under an Australian law, or a court/tribunal order, to retain the information.
3.5 OPENNESS
3.5.1 This Privacy Policy sets out TRAIN N TRADE’s corporate policy on management of personal information and is available to anyone who asks for it. It can also be accessed via our website: www.Train N Trade.com.au
3.5.2 If a copy of TRAIN N TRADE’s Privacy Policy is requested in a particular form, TRAIN N TRADE will take such steps as are reasonable in the circumstances to provide a copy in that form.
3.5.3 On request TRAIN N TRADE will take reasonable steps to let a person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses, updates and discloses that information about a person.
3.6 ACCESS AND CORRECTION
3.6.1 Your rights to access
3.6.1.1 You have the right to access any information held by TRAIN N TRADE about you, subject to some restrictions listed in Federal Government legislation
For example:
a. if providing access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety or
b. if providing access would have an unreasonable impact upon the privacy of other individuals or
c. the request for access is frivolous or vexatious or
d. the information relates to existing or anticipated legal proceedings between TRAIN N TRADE and the individual, and would not be accessible by the process of discovery in those proceedings or
e. providing access would reveal the intentions of TRAIN N TRADE in relation to negotiations with the individual in such a way as to prejudice those negotiations or
f. providing access would be unlawful or
g. denying access is required or authorised by or under an Australian law or a court/tribunal order or
h. TRAIN N TRADE has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to TRAIN N TRADE’s functions or activities has been, is being, or may be engaged in and
i. providing access would be likely to prejudice the taking of appropriate action in the matter or
j. providing access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body, or
k. providing access would reveal evaluative information generated within TRAIN N TRADE in connection with a commercially sensitive decision-making process.
3.6.1.2 However where providing access would reveal evaluative information generated within TRAIN N TRADE in connection with a commercially sensitive decision making process, TRAIN N TRADE may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.
3.6.1.3 If TRAIN N TRADE is not required to provide the individual with access to the information because of one or more of above stated reasons, TRAIN N TRADE will, where reasonable in the circumstances, give access in a way that meets the needs of both TRAIN N TRADE and the individual, including through the use of a mutually agreed intermediary.
3.7 GOVERNMENT RELATED IDENTIFIERS
3.7.1 TRAIN N TRADE will not adopt a government related identifier of an individual as its own identifier of the individual unless:
a) required or authorised by or under an Australian Law or a court/tribunal order or
b) the identifier is prescribed by the regulations and
c) TRAIN N TRADE is prescribed by the regulations, or is included in a class of organisations prescribed by the regulations and
d) the adoption, use or disclosure occurs in the circumstances prescribed by the regulations.
3.7.2 TRAIN N TRADE will not use or disclose a government related identifier of an individual unless:
(a) the use or disclosure of the identifier is reasonably necessary to verify the identity of the individual for the purposes of our activities or functions or
(b) the use or disclosure of the identifier is reasonably necessary to fulfil our obligations to a government agency of State or Territory authority or
(c) the use or disclosure of the identifier is required or authorised by or under an Australian law or a court/tribunal order or
(d) a permitted general situation exists in relation to the use or disclosure of the identifier or
(e) TRAIN N TRADE reasonably believes that the use or disclosure of the identifier is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, and enforcement body.
3.8 ANONYMITY
Wherever it is lawful and practicable, individuals will have the option of not identifying themselves, or of using a pseudonym, when dealing with TRAIN N TRADE, except:
3.8.1 when TRAIN N TRADE is required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves or
3.8.2 it is impracticable for TRAIN N TRADE to deal with individuals who have not identified themselves or who have used a pseudonym.
3.9 CROSS-BORDER DISCLOSURE OF PERSONAL INFORMATION
3.9.1 TRAIN N TRADE will only transfer personal information about an individual to someone (other than within our organisation or to the individual) who is an overseas recipient if:
a. TRAIN N TRADE has taken reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to the information or
b. TRAIN N TRADE reasonably believes that the recipient of the information is subject to a law or binding scheme that has the effect of protecting the information in a way that is substantially similar to the Australian Privacy Principles, and
c. there are mechanisms that the individual can access to take action to enforce that protection of the law or binding scheme or
d. the individual consents to the disclosure, in which case
e. TRAIN N TRADE will expressly inform the individual that if he or she consents to the disclosure of the information, we will not take reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to the information however we will then re-check that the individual still consents to the disclosure
f. the disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order or
g. a permitted general situation exists in relation to the disclosure of the information by TRAIN N TRADE
h. the disclosure of the information is required or authorised by or under an international agreement relating to information sharing to which Australia is a party or
i. TRAIN N TRADE reasonably believes that the disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body and
j. the recipient is a body that performs the functions, or exercises powers, that are similar to those performed or exercised by an enforcement body.
3.10 SENSITIVE INFORMATION
3.10.1 TRAIN N TRADE will not collect sensitive information about an individual unless:
a. the individual has consented to the collection of the information and
b. the information is reasonably necessary for one of more of our functions or activities and
c. the information relates solely to individuals who have regular contact with TRAIN N TRADE in connection with our activities or
d. the collection of the information is required or authorised by or under an Australian law or a court/tribunal order or
e. a permitted general situation exists in relation to the collection of the information or
f. a permitted health situation exists in relation to the collection of the information.
3.11 REQUESTS FOR INFORMATION
3.11.1 TRAIN N TRADE will not disclose any personal information without first establishing the identity of the person requesting the information.
3.11.2 If access to personal information held by TRAIN N TRADE is required, a written request specifying the information sought may be made to an individual’s usual contact at TRAIN N TRADE or the RTO MANAGER/Principle Executive Officer (PEO). Adequate identification by or authority from an individual must be supplied to TRAIN N TRADE before any personal information will be provided
3.11.3 Access to personal information will be provided within five business days of receiving a request. If this cannot be complied with TRAIN N TRADE will advise within the five day period when access will be provided.
3.11.4 The nature and the timing of access will be agreed between TRAIN N TRADE and the individual.
3.11.5 TRAIN N TRADE may charge a reasonable fee for providing access to personal information, (but not for lodging a request for access).
3.11.6 If TRAIN N TRADE refuses access due to subclause 3.6.1.1, we will provide written notice to the individual which sets out:
(a) the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so
(b) the mechanisms available to complain about the refusal, and
(c) any other matter prescribed by the regulations..
3.12 COMPLAINTS
3.12.1 Any complaint by an individual regarding TRAIN N TRADE’s management or handling of personal information should be directed to TRAIN N TRADE’s RTO MANAGER or Principle Executive Officer (PEO).
3.12.2 To enable a complaint to be properly understood and acted upon it is requested that it be made in writing, specifying the personal information involved and the contact or process at TRAIN N TRADE that is the subject of the complaint.
3.12.3 All complaints policy will be acknowledged within three (3) working days of receipt. Contact details of the person dealing with the complaint and the RTO MANAGER/Principle Executive Officer (PEO) will also be advised to the individual making the complaint at this time.
3.12.4 Complaints will be responded to within fifteen (15) working days. If this is not possible the individual will be advised as to when TRAIN N TRADE expects to be able to respond.
3.12.5 If TRAIN N TRADE’s response does not resolve the complaint TRAIN N TRADE and the individual will, in good faith, promptly agree to a process and time frame for dealing with the complaint.