Checkworkrights Pty Ltd as trustee for the Checkworkrights Unit Trust ABN 39 799 316 009 (CWR) understands the importance of protecting the privacy of an individual’s personal information. This policy sets out how CWR aims to protect the privacy of your personal information, your rights in relation to your personal information managed by CWR and the way CWR collects, holds, uses and discloses your personal information.
In handling your personal information, CWR complies with the Privacy Act 1988 (Cth) (Privacy Act), the 13 Australian Privacy Principles in the Privacy Act and all relevant Australian privacy laws.
This policy may be updated from time to time.
Personal information is information or an opinion about an identified, or reasonably identifiable, individual. During the provision of its services, or undertaking its functions and activities, CWR may collect your personal information.
Generally, the kinds of personal information CWR collects are:
In some circumstances CWR may also hold other personal information provided by you.
Generally, CWR collects your personal information directly from you, through the completion of an online form, an interaction or exchange in person or by way of telephone, email, post or through the use of the CWR website, CWR cloud-based platform, or CWR software used in connection with that platform.
There may be occasions when CWR collects your personal information from other sources such as from:
Generally, CWR will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect your personal information from you.
CWR collects, holds, uses and discloses your personal information where it is reasonably necessary for the purposes of:
CWR may also use your personal information for purposes related to the above purposes and for which you would reasonably expect CWR to do so in the circumstances, where you have consented, or the use is otherwise in accordance with law.
Where personal information is used or disclosed, CWR takes steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is to be used or disclosed. You are under no obligation to provide your personal information to CWR. However, without certain information from you, CWR may not be able to provide its products and/or services to you.
In circumstances where your personal information and police information has been collected and disclosed for the purposes of conducting a criminal history check, it is usual practice for that personal information and police information to be used by police agencies and the Australian Criminal Intelligence Commission (ACIC) for law enforcement, including purposes set out in the Australian Crime Commission Act 2002 (Cth). To the extent permitted by law, police agencies and ACIC may disclose such personal information and police information to process criminal history checks, search relevant records and release information in relation to such criminal history checks.
CWR discloses your personal information for the purpose for which CWR collects it. That is, generally, CWR will only disclose your personal information for a purpose set out at paragraph 4. This may include disclosing your personal information to:
Notwithstanding the above, CWR will not disclose any police information or other sensitive information unless you have provided your consent to the relevant standard required under law in connection with such disclosure (or as otherwise required by law or any applicable government agency or department such as ACIC).
CWR’s disclosures of your personal information to third parties are on a confidential basis and/or otherwise in accordance with law. CWR may also disclose your personal information with your consent or if disclosure is required or authorised by law.
CWR may use and disclose your personal information in order to inform you of products and services that may be of interest to you. In the event you do not wish to receive such communications, you can opt-out by contacting CWR via the contact details set out in paragraph 9 or through any opt-out mechanism contained in a marketing communication to you.
CWR takes steps reasonable in the circumstances to ensure that the personal information it holds is protected from misuse, interference, and loss and from unauthorised access, modification, or disclosure. CWR holds personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff.
CWR has in place internal policies relating to the security of personal information and data management to ensure the protection of the personal information of individuals that it holds, including an information security policy prepared in accordance with ACIC requirements that describes how CWR holds and protects criminal history check applicant information (Information Security Policy). The Information Security Policy is enforced through physical, technical and administrative controls and includes details relating to these controls, information classification, security clearance requirements, and incident management.
CWR will destroy or de-identify personal information in circumstances where it is no longer required, unless CWR is otherwise required or authorised by law to retain the information.
Where CWR collects, holds, uses, and discloses personal information or police information in connection with any criminal history check or related information, CWR may have contractual obligations with the Australian Criminal Intelligence Commission or otherwise at law to:
unless a longer document retention period is required by law or approved by any relevant government agency.
CWR takes steps reasonable in the circumstances to ensure personal information it holds is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and seek correction of your personal information that is collected and held by CWR. If at any time you would like to access or correct the personal information that CWR holds about you, or you would like more information on CWR’s approach to privacy, please contact CWR using the details set out in paragraph 9 below.
CWR will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct personal information where necessary and appropriate.
To obtain access to your personal information:
CWR will endeavour to respond to your request to access or correct your personal information within 30 days from your request.
For further information or enquiries regarding your personal information, or if you would like to opt-out of receiving any promotional or marketing communications, please contact CWR at:
Level 3, 7 Howard Street
Richmond, Victoria, 3121
Please direct all privacy complaints to CWR. At all times, privacy complaints:
CWR will commence an investigation into your complaint. You will be informed of the outcome of your complaint following completion of the investigation. If you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Office of the Australian Information Commissioner.
Updated: September 12, 2019