(Published March 2014)
Colorpak Limited (Colorpak) is aware of the need to respect Privacy of Information concerning its employees, prospective employees, contractors, consultants, customers and suppliers.
The objective of this Policy is to outline and disclose Colorpak's treatment of any Personal Information held.
This Policy applies to all Personal Information that is held by Colorpak regarding customers, suppliers, employees or prospective employees, contractors or consultants.
- Privacy Act 1988
- Privacy Amendment (Enhancing Privacy Protection) Act 2012
- Colorpak's IT Policy (IT011)
- Collection means Personal Information that is gathered, acquired or obtained from any source by any means, where the individual is identified or identifiable.
- APP's means the 13 Australian Privacy Principles which provide the minimum standards for dealing with Personal Information.
- Personal Information means information about an individual whose identity is apparent, or can be reasonably ascertained from that information. At Colorpak this may include, but is not limited to customer details, supplier details, job applications or employee details.
- Sensitive Information is Personal Information that includes information about an individuals' racial or ethnic origin, political opinion, sexual preferences or practices, criminal record or health.
Managers/Supervisors are accountable for implementing this Policy to ensure:
- The secure provision and maintenance of personal and sensitive workplace documentation
- Training and advising all employees of their rights and obligations in relation to this Policy
- Advising employees of their point of contact for privacy matters and the confidentiality arrangements.
Employees must comply with this Policy.
Colorpak is committed to ensuring the privacy of Personal Information which is supplied to it through the course of business.
Purpose of Collection
Colorpak only collects Personal Information which is necessary for its business functions and activities. The collection of Personal Information will only be completed by lawful and fair means and not in an intrusive manner.
Colorpak will only collect Sensitive Information if it is necessary to do so and you have consented to its collection. Colorpak will not use or disclose an individual's Sensitive Information other than as allowed by the law or with the individual's consent.
Type of Information Held
The sort of information Colorpak holds and collects from customer, suppliers, contractors, consultants or potential employees include:
- name, address and contact details such as telephone numbers and email addresses
- date of birth and age
- qualifications, other skills, certificates or relevant licences
- financial information
- membership of professional association
- health information
- organisation name
- business and trading name
- the name and title of the individual who represents the organisation
- the website address and the domain type of the organisation
- details of previous transactions, contracts or other contacts in the organisation
Receipt of Unsolicited Personal Information
In the event that Colorpak receives unsolicited Personal Information it will as soon as practicable de-identify or destroy the received information if it is determined that the information was not obtained by lawful and fair means.
Disclosure and Use
Colorpak may need to provide Personal information, in particular an individual's contact details to delivery companies, third party fulfilment contractors, financial institutions and web-hosting organisations. Colorpak may also need to pass on Personal Information to a third party clearance house for account payment or to mercantile agents for account settlement. Sometimes Colorpak will need to share information with recognised authorities, regulatory bodies, governments and organisations such as banks to investigate possible fraud or other unlawful activities.
Colorpak may in the ordinary course of business use the Personal Information to direct market its products and services. If an individual does not want to receive marketing material he/she should advise Colorpak. Most of the information Colorpak sends which might be classed as direct marketing material provides an individual with an opportunity to decline receiving future material from Colorpak.
Colorpak does not share, trade or sell personal information for marketing purposes
Colorpak will not disclose Personal Information to anyone else unless required by law to disclose it or instructed by the person.
In handling Personal Information Colorpak abides by the 13 Australian Privacy Principles.
Cross Border Disclosures
Colorpak will only transfer your personal information if the transfer is in accordance with the Privacy Act.
Storage and Security of Information
Colorpak understands individuals concerns regarding confidentiality and takes seriously its obligations in respect of all information it gathers. Colorpak limits access to Personal Information to authorised persons, employees and in some cases contractors and consultants who are all bound by contractual obligations to maintain the confidentiality and privacy of that information.
Personal Information may be stored in either hard copy form on a computer or both. Hard copy Personal Information is kept under locked security wherever practical. All personnel records are maintained in locked cabinets accessed only by Human Resources and Payroll Administration. Disclosure of sensitive information within these records is only released with written consent from the employee concerned. Personal Information stored electronically is password protected wherever practical.
Colorpak's IT system has password security both internally and externally. For external purposes we also function with a firewall.
Colorpak will continually assess and update its systems to ensure the security of information retained. All reasonable efforts will be made to provide an acceptable level of confidence that Personal Information cannot be used by unauthorised persons or in a manner likely to affect the reputation or standing of our clients, customers, suppliers, contractors, consultants, employees or the company.
Colorpak will safely destroy a person's Personal Information when that information is no longer required for the purpose for which it was collected.
Every effort will be made by the employees managing the Personal Information to keep the information held up to date. Colorpak cannot be held responsible for information submitted to it that is inaccurate or out of date. As such it is important that Colorpak is advised of any changes to the Personal Information held or that the Personal Information which is held is inaccurate or incomplete.
During the recruitment process, personal information collected will be held in a locked cabinet for a period of three months following the closure date for applications. This information is held for the purpose of future recruitment opportunities only and will only be held with the permission of the Applicant concerned. After three (3) months the details are destroyed via a secure document disposal method. This will be the responsibility of the Human Resources Manager.
Web Site – www.colorpak.com.au
Emailed responses and additional or new information regarding the products and services of Colorpak may be accessed via Colorpak's Web site. Information can be submitted to Colorpak via the electronic Contact Form. This information may be used for sales and marketing purposes. Completion of the Contact Form and submitting it to Colorpak is an acknowledgement of an agreement with the terms of this Policy and to the use of the information provided by Colorpak.
Colorpak also provide an email address, firstname.lastname@example.org, for web browsers to send Colorpak information about its site and to make enquiries about its products and services or submit concerns about the privacy of information. The email address is listed on Colorpak's web Contact page.
The following attachment will be included on all email correspondence from Colorpak to ensure the privacy of the information being sent and received.
IMPORTANT NOTICE: This email, including any attachments, is only for the intended addressee. It is subject to copyright, confidential and may be the subject of legal or other privilege, none of which is waived or lost by reason of this transmission. If you are not the intended recipient, any use or dissemination of the information and any disclosure or copying of this email is unauthorised and strictly prohibited. If you have received this email in error, please promptly inform us by reply email or telephone. You should also delete this email and destroy any hard copies produced. Unfortunately, we cannot warrant that the email has not been altered or corrupted during transmission.
Access to Personal Information
An individual may seek access to his/her Personal Information at any time. In order to respond to any request, we will require the individual's name and contact telephone number. Colorpak aims to respond to requests for access to Personal Information within 30 days.
Privacy Legislation does permit us to deny an individual access to Personal Information in certain circumstances. These include circumstances where:
- there is a current or pending litigation regarding the Personal Information
- the request is frivolous
- permitting access would be in breach of the law
- providing the information would pose a threat to health or public safety; or
- providing the information would interfere with another person's privacy.
Any denial of a request for access to Personal Information will be accompanied by an explanation setting out Colorpak's reasons for doing so.
Removal of Data
Personal Information held by Colorpak may, at anytime, be requested to be removed or deleted. Colorpak will take all reasonable steps to action that request as promptly as possible. However, there may be technical or other constraints to completely destroying all details, as well as legal and statutory duties and responsibilities imposed on us that might also prevent Colorpak from destroying or removing from our records all such information.
Breach of Privacy Legislation
Any individual who feels they have been affected by a breach of Privacy Legislation should bring a complaint in the first instance, to Colorpak directly to the Managing Director. The Managing Director together with the Human Resources Manager will investigate and attempt to resolve as promptly as possible at this level. If the matter is not resolved then the complainant may take their complaint to the Australian Information Commissioner, and due process will be followed. See the Privacy Complaint Resolution flow chart for full details.
Any employee who breaches the Privacy Legislation will face disciplinary action. If a serious breach of the policy occurs it may result in the termination of employment.
Openness of Policy
Colorpak will make this policy available to anyone who asks for it. It is clearly posted and available via the web address www.colorpak.com.au.
We are happy to provide you with further information regarding your privacy. If you have any suggestions or concerns that are not addressed in this policy, please contact us via email email@example.com or in writing to PO Box 648, Braeside, Victoria 3195.