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eWorks Privacy Statement
eWorks respects the privacy rights of individuals in regard to the personal information they supply to us.
As a brand of Bendigo Kangan Institute trading as eWorks ABN 74 802 942 886 (“eWorks”) we aim to comply with the Privacy and Data Protection Act 2014 (Vic), the Health Records Act 2001 (Vic) and all other applicable privacy legislation, and to implement practices and procedures to ensure compliance.
This statement applies to personal information you provide to us in whatever manner you deal with us, whether by visiting our website or in any other dealing you have with us. Your rights set out in this privacy statement are in addition to any other rights you may have. Except to the extent expressly set out below, nothing in this statement should be read as an attempt to restrict or exclude any right that you are entitled to by law.
For eWorks employees, any personal or health information we collect is dealt with pursuant to the terms of their employment agreement and is not subject to this policy.
1.0 Information Privacy Principles
eWorks complies with the Information Privacy Principles as set out in Schedule 1 of the Privacy and Data Protection Act 2014 (Vic) and the Health Privacy Principles as set out in Schedule 1 of the Health Records Act 2001 (Vic). We observe the ten principles outlined below.
1.1 Principle One - Collection of Information
‘Personal information’ we may collect means any recorded information that can identify someone, this includes your:
- Telephone numbers
- Date of birth
- Email address
- Credit card details for payment of fees
- Photographic, video or audio recordings of you
We will only collect personal information that is relevant for our functions and activities (the “Primary Purpose”) which includes:
- Provision of reports to regarding client participation in education to the Australian Skills Quality Authority (ASQA)
- Provision of educational services to employers in collaboration with other training organisations
- Improvement of the quality of our services
- Research and analysis relating to the quality of our services, the demand for our services and the expectations of our customers
- Dealings with Australian, State and Territory governments
- Record keeping and administrative purposes
eWorks may also collect personal information from publicly available sources or be provided with your personal information by a third party. This may be due to the provision of educational services to employers or through collaboration with other training organisations.
If eWorks is provided personal information about you from a third party, we will confirm that it was collected by them in accordance with relevant privacy laws and that the provider is:
- Entitled to provide the information to eWorks
- Able to authorise eWorks to use the information for the purposes for which it was supplied
- Upon collection of any personal information, we will provide you with:
- Our contact details
- A clear explanation as to why we need the information requested including any law that requires the particular information to be collected
- How we will use the information
- To whom we regularly disclose this information
- The main consequences (if any) for you if all or part of the information is not provided
We will also inform you about your right to access and, if appropriate, correct the information we hold about you.
1.2 Principle Two - Use and Disclosure
Except as otherwise expressly outlined in privacy principle two, we will not use or disclose any personal information to a third party for a purpose other than the Primary Purpose for its collection unless we informed you when the information was collected, or:
- We have obtained your consent
- We are using or disclosing it for a related (or directly related, if sensitive information) secondary purpose
- We are required, authorised, or permitted by law to disclose the information
We may use your contact details to contact you to:
- Provide information you have requested
- Respond to your feedback
- Confirm receipt of your emails to us
- Contact you for any other reason, for example to ensure that the personal information we have collected about you is accurate and up to date
- Seek qualitative and quantitative market research data and insights, such as surveys and focus groups
1.2.1 Third Party Disclosure
We may disclose your personal information to the following third parties:
- Australian Government Agencies
- Australian Skills Quality Authority (ASQA)
- Tuition assurance scheme operators
- Employers for verification of identity/data purposes
We may also disclose your personal information to third parties to act on our behalf, including:
- Information technology suppliers
- Marketing and advertising agencies
- Mailing and logistics providers
- Professional advisors
- Research organisations
If a third party is collecting information for research purposes and proposes to publish or otherwise share the outcome of their research, we will require that neither the published nor shared report nor any supporting information provided by eWorks contains any personally identifiable information. In addition, if the research includes de-identified data, we will require that it be sufficiently aggregated or otherwise presented such that it cannot be re-identified.
Where we are requested to provide information to a third party we will:
- Provide that information in an aggregated and/or de-identified format if reasonably practicable
- Require the recipient to store that information securely, not disclose it to any other persons and return or destroy it when it is no longer required
- Require that the recipient update or delete any part of the information disclosed where we have agreed to update or delete our corresponding records
Except as specifically contemplated in relation to overseas clients (see Principle Nine), eWorks will not disclose any personal information it collects to any person located outside Australia unless:
- We have obtained the consent of the person to whom the information relates to that disclosure.
- The recipient of the information is subject to a law or binding scheme, which provides at least a substantially similar level of protection in respect of the use of personal information to that available under Australian law and the person to whom the information relates is directly able to enforce their rights in respect of that protection.
- The disclosure is otherwise in compliance with our obligations under the Privacy Laws.
1.3 Principle Three - Data Quality
We will take all reasonable steps to ensure the personal information that is collected, used, or disclosed is complete, accurate and current. If you wish to access or update your personal information, we will provide all reasonable assistance to do so. Any request to update or correct the information we hold should be addressed to the email address given for “further information” below.
1.4 Principle Four - Data Security
Personal information is held by us in printed documents and on electronic databases. We have taken all reasonable steps to ensure your information is protected from:
- Unauthorised access
- Modification or disclosure
Steps to protect your information include:
- Website protection measures
- Security restrictions on access to our computer systems
- Controlled access to our corporate premises and policies on document storage
However, while we make all attempts to secure the personal information or health information you may electronically transmit to us, the nature of electronic transmissions is such that there is a possibility that a third party may observe this information whilst it is in transit.
All information not required will be destroyed in accordance with either:
- Privacy legislation or as required by other legislation
- Public Records Office guidance and requirements
1.5 Principle Five - Openness
We will take all reasonable steps to provide you with details of your personal information being held by us upon request including placing this privacy statement on our website.
1.6 Principle Six - Access and Correction
Please contact the eWorks and VETASSESS Privacy Officer at firstname.lastname@example.org if you wish to:
- Obtain a copy of any personal information we hold which relates to you
- Request that we correct that information
- Request that we delete that information
- Make a complaint relating to our collection or use of your personal information
Please note that you will be required to identify yourself when requesting a copy of your personal information.
Should you wish to obtain a substantial amount of information in addition to your personal information, you may be required to make a Freedom of Information Request. See section 1.6.1 below for further information about Freedom of Information Act 1982 (Vic) applications.
Generally, we will give you access to your personal information upon written request within 30 days from the time we received your request, subject to exceptions permitted by law.
If we receive a written request to correct personal information about you and we are satisfied that the personal information held by us is not accurate, complete, or up to date, we will take all reasonable steps to correct the information so that it is accurate, complete, and up to date.
If your request is not approved, we will provide you with reasons for the denial of access or refusal to correct personal information.
We aim to act reasonably in resolving all complaints, but if you are dissatisfied with the response from eWorks, you may wish to address your complaint to either the:
Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
(Responsible for the administration of the Privacy Act 1988 (Cth))
Commissioner for Privacy and Data Protection
PO Box 24014, Melbourne VIC 3001
(Responsible for the administration of the Privacy and Data Protection Act 2014 (Vic))
1.6.1 Freedom of Information Act 1982 (Vic)
You also have the right to request access to your personal information by making a Freedom of Information application as specified in the Freedom of Information Act 1982 (Vic). Our provision of access to your information outlined in this statement is in addition to any rights of access you may have under the Act.
1.7 Principle Seven - Unique Identifiers
Sometimes we are required to collect unique identifiers in order to conduct our functions. If we do need this information the purposes for collecting these numbers will be explained to you. Such information may include Australian Government-issued identifiers, including:
- Centrelink numbers
- Tax File Numbers
We will not use these unique identifiers for any other purposes than those for which they were collected.
If we ascribe a unique identifier to you for internal use, this will only be used for managing our dealings with you. It will not otherwise be shared with any other body or person without your consent.
1.8 Principle Eight - Anonymity
You have the option of not identifying yourself when entering transactions with us wherever it is lawful and practicable.
If you wish to be identified by a pseudonym, we request that you inform us accordingly, so we do not collect inaccurate information.
1.9 Principle Nine - Transborder Data Flows
Our services are provided on-line and may be made available to clients located outside Australia (overseas clients). Where we offer services to overseas clients we will, at minimum, store and manage their personal information in accordance with this policy and the Privacy Laws applicable in Victoria, Australia. Where some of our services may be outsourced, the service providers are contracted to comply with Australian Privacy Requirements.
However, if the laws of the country in which the overseas client is located afford the overseas client additional protections or rights with respect to the use and management of their personal information, we will, so far as reasonably practicable, afford the overseas client the benefit of those additional protections or rights, provided that doing so does not conflict with our legal obligations with respect to the handling and retention of their personal information.
If we are unable to reasonably comply with an overseas client’s requirements with respect to the use and management of their personal information, we may elect instead to cease providing services to the overseas client.
By indicating their acceptance of this policy, and by registering to use our services, each overseas client consents to our collection of their personal information and to our storage and use of that information in Australia in accordance with this policy.
In addition, to the extent that any permitted use of their personal information requires us to engage an agent or representative in the country in which the overseas client is located, each overseas client consents to our disclosure of their personal information to such agents or representatives.
1.10 Principle Ten - Sensitive Information
We collect sensitive information about an individual only with the consent of the person or if required or permitted by law. ‘Sensitive information’ is information or an opinion about an individual's:
- Racial or ethnic origin
- Political opinions
- Membership of a political association
- Religious belief or affiliations
- Sexual orientations
- Criminal record
- Membership of a trade union
- Membership of a professional or trade association
2.0 Website Usage and Cookies
Cookies are pieces of information that a website downloads to your computer to record your preferences while you browse. Other technologies that may be used by us include web beacons (which may operate in conjunction with cookies). The information collected through cookies and web beacons may be used by us to improve and customise your user experience on our website.
In addition, we may collect aggregated non-personally identifiable data from our website to help us maintain and improve delivery of our services and to provide a consistent experience. This aggregated information assists us in improving content and website navigation. You can configure your web browser to reject and block cookies. If you decide to delete or block certain cookies, your experience on our website may be limited. When you visit any of our websites, our site’s server may record information about your visit, including:
- Your IP address
- A top-level domain name (e.g. .com, .au, etc.)
- The date and time of your visit to the site
- The pages you accessed, and documents downloaded during your visit
- The previous site you visited
- If you have visited our site before
- The type of browser used to visit our site
All of this information is collected for statistical purposes, which enables us to assess the number of visitors to the different sections of the site and assists us to make the website more useful to visitors.
There are several methods and packages that we use to collect visitor behaviours. We may use tools to measure and analyse internet usage across our website. This enables us to track the number of unique browsers to our websites.
There are ways for you to opt out of third-party cookies; (i) by contacting us; or (ii) visiting youronlinechoices.com.au that allows you to opt out of some online behavioural advertising. These services provided by third party vendors generally operate without the collection or use of any personal information. In many cases, the information relates only to a device or is of a statistical nature, and we will not be able to identify the user.
3.0 Further Information
Please contact eWorks for further information about this policy.