Cheesman Applegarth is committed to protecting the privacy of the personal information it collects and receives. Cheesman Applegarth is bound by the Australian Privacy Principles (APP) contained in the Privacy Act 1988 (the Privacy Act).
- the kinds of personal information that Cheesman Applegarth collects and holds;
- how Cheesman Applegarth collects and holds your personal information;
- why Cheesman Applegarth collects, holds, uses and discloses your personal information;
- how you may access and seek the correction of your personal information as held by Cheesman Applegarth; and
Your Personal Information
Cheesman Applegarth only collects personal information (being information that identifies or could reasonably identify an individual) where Cheesman Applegarth considers it to be reasonably necessary for Cheesman Applegarth’s functions and activities.
Cheesman Applegarth collects personal information to service the needs of its clients and to carry out its professional association duties when:
- using Cheesman Applegarth services;
- collecting client survey form information;
- recording complaints;
- facilitating use of Cheesman Applegarth’s services; and/or
- addressing requests for information about Cheesman Applegarth.
The types of information Cheesman Applegarth may collect includes:
- name, age, gender and address details;
- educational qualifications;
- work history, current employment and position;
- contact details (including postal address, phone, fax and e-mail);
- views and opinions; and
- responses to forms and surveys (if any).
Your Sensitive Information
Sensitive information is information about you that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of a professional or trade association, membership of a trade union, details of health, disability, sexual orientation or criminal record.
It is Cheesman Applegarth’s policy to only collect your sensitive information where it is reasonably necessary for Cheesman Applegarth’s functions or activities and either you have consented or Cheesman Applegarth are required or authorised under law to do so.
How Cheesman Applegarth collects your personal information
Cheesman Applegarth will solicit your personal information by lawful and fair means directly from you unless it is unreasonable or impracticable to do so.
Cheesman Applegarth will collect directly personal information:
- by email;
- over the telephone;
- by written correspondence (such as letters, faxes);
- on hard copy forms (including registration forms and surveys);
- in person; or
- through the Cheesman Applegarth website;
- at seminars and functions (if you fill out an assessment form or leave your business card);
- during exams or assignments for Cheesman Applegarth programs;
- electronic systems such as applications.
Cheesman Applegarth may collect your personal information from third parties including:
- your legal representatives;
- educational providers that assist Cheesman Applegarth programs;
- direct marketing database providers;
- the Australian Tax Office (ATO);
- the Australian Securities and Investment Commission (ASIC);
- professional indemnity insurance providers;
- public sources (phone directories, client lists, professional and trade associations, bankruptcy or court registry searches); and
- any other legal and legitimate means.
Unsolicited Personal Information
Unsolicited personal information is personal information Cheesman Applegarth receives that Cheesman Applegarth has taken no active steps to collect (such as a job application sent to Cheesman Applegarth by an individual on their own initiative, rather than in response to an advertisement).
Cheesman Applegarth may keep records of unsolicited personal information.
Using your personal information
The main purposes for which Cheesman Applegarth collects, holds, uses and discloses personal information are to provide services and benefits to clients, and to maintain, extend and grow Cheesman Applegarth’s client base.
Cheesman Applegarth collects information to service your professional requirements. Cheesman Applegarth can use your information to:
- process client’s details for files;
- inform clients of services offered by Cheesman Applegarth;
- understand Cheesman Applegarth client’s needs and requirements;
- manage and run the Cheesman Applegarth website;
- provide you with information about Cheesman Applegarth services including programs;
- deliver or enhance Cheesman Applegarth services;
- help Cheesman Applegarth maximise the benefits Cheesman Applegarth provides to clients or to assist Cheesman Applegarth in complying with its organisational object, charter or mandate;
- maintain contact with you about Cheesman Applegarth services;
- report back to you about Cheesman Applegarth work or encourage you to learn about what Cheesman Applegarth does; and
- any other purpose directly related to Cheesman Applegarth’s objectives.
The Cheesman Applegarth website requires subscriptions or registrations to use certain services, functions or content. You will know what information is being collected via these processes when you complete the relevant forms and provide the required details prior to submitting the application. Cheesman Applegarth will collect data relating to any transactions you carry out through the Cheesman Applegarth website and the fulfilment of our services to you.
Cheesman Applegarth may also use your data to monitor for any unauthorised use of the Cheesman Applegarth’s website, content or subscriptions to Cheesman Applegarth’s services.
Purpose of collection
If Cheesman Applegarth collects personal information for a purpose (the primary purpose), Cheesman Applegarth will not use or disclose the information for any other purpose (the secondary purpose) unless:
- you would have consented to the use or disclosure of the your personal information; or
- in relation to the use or disclosure of your personal information:
- you would reasonably expect Cheesman Applegarth to use or disclose your information for the secondary purpose and the secondary purpose is directly related to the primary purpose (sensitive information) or related to the primary purpose (not sensitive information);
- use or disclosure is required or authorised under Australian law or a court/tribunal;
- a permitted situation exists in relation to Cheesman Applegarth’s use or disclosure of the information;
- a permitted health situation exists in relation to use or disclosure of the information;
- Cheesman Applegarth reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
- it would be reasonably expected that the use of the personal information would be advantageous to you.
If Cheesman Applegarth uses or discloses your personal information because Cheesman Applegarth reasonably believes that the use or disclosure of your information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body, Cheesman Applegarth will make a written note of the use or disclosure.
Do you have to provide personal information
You can refuse to provide personal information. However a refusal may mean that the service you requested is not provided.
Sharing your personal information
Cheesman Applegarth may use and disclose personal information for related purposes to third parties. Types of organisations to whom Cheesman Applegarth may disclose your personal information includes:
- government bodies such as ATO, ASIC, Australian Prudential Regulatory Authority, Centrelink and the police or courts (as required by law);
- professional or government organisations; and
- Cheesman Applegarth’s contracted service providers including:
- information technology service providers;
- planning research and development providers;
- publishers of Cheesman Applegarth’s newsletters;
- conference organisers;
- marketing and communications agencies;
- call centres and call training centres;
- mailing houses, freight and courier services;
- printers & distributors of marketing material;
- external advisers (recruiters, auditors & lawyers); and
- other service providers engaged in the ordinary course of Cheesman Applgarth’s business.
Cheesman Applegarth does not rent or sell your personal information to third parties without your prior approval.
Cheesman Applegarth does not adopt, use or disclose government related identifiers (such as a Medicare number or driver’s licence number) as Cheesman Applegarth’s own identifier for you unless:
- it’s required/authorised by law or court/tribunal order;
- it’s reasonably necessary for Cheesman Applegarth to verify your identity;
- it’s reasonably necessary to fulfil Cheesman Applegarth’s obligations; or
- Cheesman Applegarth reasonably believes it is reasonably necessary for one or more enforcement related activities.
To improve Cheesman Applegarth’s services, Cheesman Applegarth sometimes collects de-identified information from web users. Although the information collected does not identify an individual, it does provide Cheesman Applegarth with useful statistics that permits Cheesman Applegarth to analyse and improve its web services.
When you visit the Cheesman Applegarth website, a record of your visit may be logged and the following data may be supplied by your browser:
- your IP address and/or domain name;
- your operating system (type of browser & platform);
- the date, time and length of your visit; and
- the resources you accessed or downloaded.
Cheesman Applegarth may use this information to customise information for website visitors and to collect aggregated data for the purposes of analysis, quality control, administering and improving the website. It is not used for any other purpose.
Aggregated data may be shared with third parties. You can stop your browser from accepting new cookies or disable cookies altogether by changing your browser preferences.
Links to other websites
If Cheesman Applegarth holds your personal information, Cheesman Applegarth may use or disclose that personal information (other than sensitive information) for direct marketing if:
- Cheesman Applegarth collected the information from you; and
- you would reasonably expect Cheesman Applegarth to use or disclose the information for that purpose; and
- Cheesman Applegarth provided you with a simple way to opt out of receiving direct marketing from Cheesman Applegarth; and
- you have not made such an opt out request to Cheesman Applegarth.
Cheesman Applegarth may also use or disclose your personal information (other than sensitive information) for direct marketing if:
- Cheesman Applegarth collected the information from you and you would not reasonably expect Cheesman Applegarth to use or disclose the information for that purpose or someone other than you; and either:
- you have consented to the use or disclosure of the information for that purpose; or
- it is impracticable to obtain that consent; and
- Cheesman Applegarth provided you with a simple way to opt out of receiving direct marketing from Cheesman Applegarth; and
- in each direct marketing communication with you:
- Cheesman Applegarth includes a prominent statement that you can request to opt out; or
- Cheesman Applegarth otherwise draws your attention to the fact that you can request to opt out; and
- you have not made such a request to Cheesman Applegarth.
Cheesman Applegarth can use or disclose your sensitive information for the purpose of direct marketing if you have consented to the use or disclosure of that information for direct marketing.
If Cheesman Applegarth has collected the personal information that Cheesman Applegarth used to send you direct marketing material from a third party, you can ask Cheesman Applegarth to notify you of its source of information. It is Cheesman Applegarth’s policy is to do so unless it is unreasonable or impracticable.
How to opt out of direct marketing
If Cheesman Applegarth uses or discloses your personal information for the purpose of direct marketing, you may request not to receive direct marketing communications from Cheesman Applegarth.
If Cheesman Applegarth uses or discloses your personal information for the purpose of facilitating direct marketing by other organisations, you may request that the Cheesman Applegarth does not use or disclose your information for this purpose.
Cheesman Applegarth will give effect to your request not to receive direct marketing from Cheesman Applegarth or an entity facilitated by Cheesman Applegarth free of charge within a reasonable time after the request is made.
At or before the time of collection of personal information from you, or as soon as practicable afterwards, Cheesman Applegarth will take reasonable steps to notify you or to otherwise ensure that you are aware of:
- Cheesman Applegarth’s contact details; and
- you may access personal information held by Cheesman Applegarth and seek the correction of the information;
- you may complain about a breach of the APP, or a registered APP code (if any) that Cheesman Applegarth is bound by & how Cheesman Applegarth will deal with a complaint.
Cheesman Applegarth will generally include these matters in a collection notice. For example, where personal information is collected on a paper or website form, Cheesman Applegarth will include a collection notice, or a clear link to it, on the form.
Protecting your personal information
Cheesman Applegarth stores information in different ways, including paper and electronic form. Cheesman Applegarth takes reasonable steps to protect it from misuse, interference, loss, unauthorised access, modification or disclosure including:
- secure password protected databases for storage;
- confidentiality requirements of staff;
- security measures for access to Cheesman Applegarth’s systems including firewalls;
- servers kept at a secure location with limited access;
- document storage security requirements;
- access granted only to those verified to receive personal information;
- access controls for Cheesman Applegarth’s building;
- limited provision of personal information to third parties and subject to guarantees about use; and
- Cheesman Applegarth’s staff are trained to deal with the information.
Cheesman Applegarth cannot guarantee that personal information will be protected against unauthorized access or misuse and Cheesman Applegarth does not accept any liability for the improper actions of unauthorised third parties.
Cheesman Applegarth will retain your personal information for as long as necessary to fulfil Cheesman Applegarth’s obligations to you, to protect Cheesman Applegarth’s legal interests, to comply with Australian law or as otherwise stated to you when Cheesman Applegarth collected your personal information.
Once Cheesman Applegarth is no longer required to retain your personal information, or Cheesman Applegarth at its discretion no longer requires that information, Cheesman Applegarth will take reasonable steps to destroy your personal information or to ensure that your personal information is de-identified.
Disclosing your personal information overseas
Cheesman Applegarth may disclose your personal information to an overseas third party such as overseas facilities or contractors to process or back-up information or to provide other services. Cheesman Applegarth may store your personal information on servers based overseas or in the “cloud” or other types of networked or electronic storage.
You have the option of not identifying yourself or using a pseudonym when dealing with Cheesman Applegarth provided that is it lawful and practicable.
Cheesman Applegarth will try to accommodate a request for anonymity if possible. However, your right to anonymity does not apply in relation to a matter if:
- Cheesman Applegarth is required or authorised by or by law or a court/tribunal order to deal with individuals who have identified themselves; or
- it is impracticable for Cheesman Applegarth to deal with individuals who have not identified themselves.
It is Cheesman Applegarth’s policy to enable you to access Cheesman Applegarth’s website and make general phone queries without having to identify yourself and to enable you to respond to Cheesman Applegarth’s surveys anonymously.
In some cases however, if you don’t provide Cheesman Applegarth with your personal information when requested, Cheesman Applegarth may not be able to respond to your request or provide you with a service.
Accessing your personal information
You have the right, upon request, to access any of Cheesman Applegarth’s records containing your personal information. To request access to your personal information please contact Cheesman Applegarth’s privacy officer.
Cheesman Applegarth will respond to your request to access your personal information within a reasonable period of time. On the basis that it is reasonable and practicable to do so, Cheesman Applegarth will give you access to the information requested.
If Cheesman Applegarth refuses your request to access personal information, Cheesman Applegarth will provide a written notice setting out the reasons for the refusal & how you can complain about the refusal.
Reasons for a refusal may include if it:
- poses a serious threat to life, health or safety;
- would have an unreasonable impact on the privacy of others;
- is frivolous or vexatious;
- relates to legal proceedings;
- would reveal Cheesman Applegarth’s intentions or prejudice any negotiations;
- would be unlawful;
- is required or authorised by law or court/tribunal order to be refused;
- would be likely to prejudice one or more enforcement related activities; or
- relates to a commercially sensitive decision making process.
When you make a request to access personal information, Cheesman Applegarth will require you to provide some form of identification (such as a driver’s licence or passport) so Cheesman Applegarth can verify that you are the person to whom the information relates.
Help Cheesman Applegarth keep your personal information accurate
Cheesman Applegarth will take reasonable steps to ensure Cheesman Applegarth’s records of personal information are accurate, up to date and complete.
However, the accuracy of information depends to a large extent on the information you provide. If you do not give Cheesman Applegarth all the personal information Cheesman Applegarth may require, or the personal information provided is inaccurate or incomplete, then the products, services and information Cheesman Applegarth provide may be affected.
If you think there is something wrong with the information Cheesman Applegarth holds about you please contact Cheesman Applegarth’s privacy officer to:
- let Cheesman Applegarth know if there are any errors; and
- keep Cheesman Applegarth up-to-date with any changes and Cheesman Applegarth will try to correct your personal information.
Cheesman Applegarth will respond to your request to correct your personal information free of charge and in a reasonable period of time. If Cheesman Applegarth refuses your request, Cheesman Applegarth will provide you with a written notice setting out the:
- reasons for the refusal; and
- mechanisms available to complain about the refusal.
If Cheesman Applegarth refuses to correct your personal information, you may request that Cheesman Applegarth associate your information with a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. Cheesman Applegarth will take reasonable steps to make the statement visible to users of your personal information.
Dealing with SPAM
Cheesman Applegarth will not send you any commercial electronic messages (SMS or emails) unless it is permitted by the Spam Act (for example, Cheesman Applegarth has your express or inferred consent). Any commercial electronic message that Cheesman Applegarth sends will identify Cheesman Applegarth as the sender and will include relevant contact details and an unsubscribe facility.
If you do not wish to receive commercial electronic messages from Cheesman Applegarth, please contact the privacy officer.
Do not call register
Cheesman Applegarth will not call you on a number listed on the Do Not Call Register unless it is permitted under the Do Not Call Register Act and related instruments (for example, if Cheesman Applegarth has your express or inferred consent to do so).
If you do not wish Cheesman Applegarth to call you on a particular number, please contact the privacy officer.
Resolving your privacy issues
If you have any issues you wish to discuss with Cheesman Applegarth or if you’re concerned about how Cheesman Applegarth has collected or managed your personal information please contact the privacy officer.
For information about privacy or if your concerns are not resolved to your satisfaction, you may contact the Office of the Australian Information Commissioner at www.oaic.gov.au and on 1300 363 992.
Cheesman Applegarth Privacy Officer
Cheesman Applegarth’s privacy officer can be contacted at:
Name: Privacy Officer
Telephone: (07) 4638 1100
Fax: (07) 4638 5639
Post: Cheesman Applegarth
P.O. Box 121
Toowoomba Qld 4350
Last Updated: December 2015