Empart Inc (Empart) is required by legislation to deal with personal and sensitive information in a privacy-compliant manner. The purpose of this document is to set out the policies of Empart Inc in relation to the collection, holding, use and disclosure by Empart of personal information relating to an individual as required by the Privacy Act 1988 (Cth) (the Act) and other applicable state and territory laws.

The types of personal information that Empart collects includes personal information regarding Empart members, Empart supporters, Empart volunteers, Empart donors, Empart personnel or other persons with whom Empart or a third party has contact in connection with Empart’s activities.

1.              Definitions

1.1.            “Personal information” means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

1.2.            “Sensitive information” is a special category of personal information. Sensitive information means:

(a)         information or an opinion about an individual’s  (i)  racial or ethnic origin, (ii)  political opinions, (iii)  membership of a political association, (iv)  religious beliefs or affiliations, (v)  philosophical beliefs, (vi)  membership of a professional or trade association, (vii)  membership of a trade union, (viii)  sexual orientation or practices, (ix)  criminal record, that is also personal information;

(b)        health information about an individual,

(c)         genetic information about an individual that is not otherwise health information;

(d)        biometric information that is to be used for the purpose of automated biometric verification or biometric identification, or

(e)         biometric templates.

1.3.            “Consent” means voluntary and informed agreement to some act, practice or purpose. Empart will, wherever possible and legally required, seek consent from individuals before using their personal information for a secondary purpose.

2.              Type of information

2.1.            The type of information that Empart collects and holds depends on the nature of an individual’s involvement with Empart.

2.2.            Depending on the reason for collecting the personal information, the personal information that Empart collects may include, but is not limited to, name, age, residential address, suburb, postcode, date of birth, phone number, email address, bank account details, next of kin details, religious affiliation, and images.

2.3.            Empart may also collect sensitive information from a person including a working with children check or a police check.

2.4.            If an individual chooses not to provide information as requested, it may not be practicable for Empart to service their needs. For instance it will not be possible for Empart to provide an individual with financial assistance, if they want to remain anonymous or use a pseudonym.

2.5.            Empart sometimes receives unsolicited personal information. In circumstances where Empart does receive unsolicited personal information it will usually destroy or de-identify the information as soon as practicable if it is lawful and reasonable to do so unless the unsolicited personal information is reasonably necessary for, or directly related to, its functions or activities.

3.              Collection

3.1.            Empart’s Customer Contact Centre based in our Head Office in Croydon, Victoria is primarily responsible for collecting personal information about individuals. However, there are other avenues by which Empart collects personal information, when a person walks in to our office with an enquiry and also online via Empart’s website.

3.2.            Empart endeavours wherever practicable to collect personal information directly from individuals. Information is collected in a number of ways including from when an individual fills in a form, makes an enquiry online, attends a face-to-face meeting, provides email correspondence, engages with us on social media, phones us, or makes a payment.

3.3.            Empart may collect personal information from individuals such as staff members, visitors, contractors, and suppliers.

3.4.            Empart will only collect personal information by lawful and fair means.

3.5.            If it is reasonable and practicable to do so, Empart will collect personal information about an individual only from that individual. Empart will, from time to time, collect personal information from third parties, social media and via the use of cookies on Empart’s website. Empart will generally obtain consent from the owner of personal information to collect their personal information. Consent will usually be provided in writing however sometimes it may be provided orally or may be implied through a person’s conduct.

3.6.            Empart endeavours to only ask for personal information if it is reasonably necessary for the activities that an individual seeking to be involved in.  In relation to the collection and disclosure of sensitive information, Empart is bound by the APPs, which provide for the circumstances in which disclosure is permitted, or required by law.

3.7.            If Empart collects personal information about an individual from someone else, or the personal information is unsolicited, it will usually destroy or de-identify the information as soon as practicable if it is lawful and reasonable to do so unless the unsolicited personal information is reasonably necessary for, or directly related to, Empart’s functions or activities.

3.8.            Empart will not collect sensitive information about an individual unless:

(a)         the individual has consented to the collection of that information and the information is reasonably necessary for one or more of Empart’s functions or activities; or

(b)        the collection of the information is required or authorised by or under an Australian law or a court/tribunal order; or

(c)         a “permitted general situation” as defined in subsection 16A of the Act exists in relation to the use or disclosure of the information, including:

(i)         where it is unreasonable or impracticable to obtain consent and Empart reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of an individual or to public health or safety; or

(ii)        Empart has reason to suspect an unlawful activity or misconduct of a serious nature that relates to Empart’s functions or activities has been or may be engaged in an reasonably believes the use or disclosure is necessary in order for Empart to take appropriate action; or

(iii)       Empart reasonably believes that the use or disclosure is reasonably necessary to assist anyone to locate a person reported as missing and the use or disclosure complies with any rules made under s16(A)(2) of the Act; or

(iv)       the use or disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim or a confidential alternative dispute resolution process; or

(d)        the information relates to the activities of Empart and the information relates solely to the members of Empart, or to individuals who have regular contact with Empart in connection with its activities.

4.              Use and disclosure

4.1.            Empart may collect, hold, use or disclose personal information for the following general purposes:

(a)         to identify an individual;

(b)        for the purpose for which the information was originally collected

(c)         for a purpose to which an individual has consented;

(d)        for any other purpose authorised or required by an Australian law;

(e)         for any other purpose authorised or required by a court or tribunal

4.2.            Empart collects personal information for the following primary purposes:

(a)         fulfilling Empart’s role to ignite community planting movements among unreached people in Asia;

(b)        notifying individuals of Empart’s activities and campaigns and inviting partnership with initiatives;

(c)         seeking new members and donors, including through marketing activities, and processing, renewing and maintaining Empart memberships and subscription services, including the use of third parties;

(d)        increasing Empart’s financial support, through various fundraising activities, in order to maintain and enhance Empart’s Field and Partner Country capacity;

(e)         (c) and (d) above include building a comprehensive understanding of individual interests and habits to enable effective engagement with members, supporters and future supporters;

(f)         recruiting Empart Ambassadors and presenters and otherwise operating the Empart Ambassador program

(g)        forming Empart Partner Development Team’s and otherwise operating the Empart Partner Development Team program;

(h)         recruiting staff, Board of Management, Board of Elders and Advisory Council members and volunteers; and

(i)          receiving feedback or complaints on any of the above functions or activities.

(j)          responding to your comments or questions and receiving feedback or complaints on any of the above functions or activities

(k)         improving our website

4.3.            In relation to the personal information of prospective and current staff members and contractors, Empart collects the personal information for purposes including:

(a)         to enable Empart to carry out recruitment functions;

(b)        correspond with an individual, provide training and professional development;

(c)         fulfil the terms of any contractual relationship; and

(d)        ensure that an individual can perform their duties.

4.4.            Empart may sometimes use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose under item 3.1.

4.5.            Circumstances in which Empart may use personal information about an individual for a secondary purpose include, but are not limited to, when:

(a)         the individual has consented to the use or disclosure; or

(b)        the individual would reasonably expect Empart to use or disclose the information for the secondary purpose and the secondary purpose is;

(i)         if the information is sensitive information — directly related to the primary purpose; or

(ii)        if the information is not sensitive information — related to the primary purpose; or

(c)         the use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or

(d)        a “permitted general situation” (as defined in subsection 16A of the Act) exists in relation to the use or disclosure of the information, including:

(i)         where it is unreasonable or impracticable to obtain consent and Empart reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of an individual or to public health or safety; or

(ii)        Empart has reason to suspect an unlawful activity or misconduct of a serious nature that relates to Empart’s functions or activities has been or may be engaged in and reasonably believes the use or disclosure is necessary in order for Empart to take appropriate action; or

(iii)       Empart reasonably believes that the use or disclosure is reasonably necessary to assist anyone to locate a person reported as missing and the use or disclosure complies with any rules made under s16(A)(2) of the Act; or

(iv)       the use or disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim or a confidential ADR process; or

(e)         Empart 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 (and will make a written note about such use).

4.6.            If Empart deems that a child or young person is unable to give sufficient consent to the use of his or her personal information for a particular purpose, Empart will seek such consent from his or her parent or guardian.

4.7.            Empart may, from time to time, disclose personal information and sensitive information gathered to its associated entity, Empower Australia Overseas Aid Fund Inc (Empower). This information will only be shared between Empart and Empower to provide or improve our products, services and marketing and to allow Empower to communicate with Empart supporters.

4.8.            Empart may use personal information about an individual for direct marketing purposes. This marketing supports the future development and growth of Empart. This may include, but is not limited to, promoting Empart products, marketing of products or services of third parties with whom Empart has an association, activities, materials, educational resources and competitions to the individual and to inform the individual of issues or needs from the Field generally.

4.9.            Empart may use personal information (other than sensitive information) about an individual for direct marketing if Empart collected the information from:

(a)         the individual and the individual would reasonably expect Empart to use or disclose the information for that purpose; and

(b)        Empart has provided a simple means by which the individual may easily request not to receive direct marketing communications from Empart; and

(c)         the individual has not made a request to Empart to not receive direct marketing communications from Empart.

4.10.          Empart may only use or disclose sensitive information about an individual for the purpose of direct marketing if the individual has consented to the use or disclosure of the information for that purpose. If an individual does not want to receive any such information, they can contact Empart at the contact details in item 12. Once Empart receives a request from an individual to cease receipt of marketing information, Empart will cease sending such information within a reasonable period of time.

4.11.          If Empart uses or discloses personal information about an individual for:

(a)         direct marketing an individual may request not to receive direct marketing communications from Empart and Empart must give effect to the request within a reasonable period of time; or

(b)        the purposes of facilitating direct marketing by other organisations an individual may request Empart not to use or disclose the individual’s information for the purpose of facilitating direct marketing by other organisations and Empart must give effect to the request within a reasonable period of time, and the individual may request Empart to be provided with the source of the information and Empart must within a reasonable period of time after the request was made, provide details of the source unless it is impractical or unreasonable to do so.

4.12.         Empart will not charge any individual for the making of, or to give effect to, such requests.

5.              Data quality

Empart will take such steps as are reasonable in the circumstances to ensure that the personal information it collects is accurate, complete and up-to-date and, having regard to the purposes of the use or disclosure of the personal information that is collected, relevant.

6.              Data security

6.1.            Empart will take such steps as are reasonable in the circumstances to protect the personal information under its control from misuse, interference (which may include measures to protect against computer attacks) and loss and from unauthorised access, modification or disclosure.

6.2.            Empart protects personal information in a number of ways including securely storing paper records, using professional software systems, and password restricted access.

6.3.            Empart will take such steps as are reasonable in the circumstances to destroy or permanently de-identify personal information about an individual that it holds if it is no longer needed for any purpose for which the information may be used or disclosed, and is not required to be retained by law or a court/tribunal order.

7.              Access and correction

7.1.            Empart is always committed to holding accurate and up-to-date personal information. If an individual would like Empart to update the personal information that is held by Empart about the individual, they should contact Empart at the contact details in item 12.

7.2.            An individual can request Empart to correct personal information held by Empart by contacting Empart at the contact details in item 12 Empart will respond to the request within a reasonable period of time after the request is made and will take such steps as are reasonable in the circumstances to correct the information to ensure that, having regard to the purpose for which it is held, it is accurate, up to date, complete, relevant and not misleading. Empart may also take such steps on its own initiative, if Empart is satisfied, having regard to the purpose for which personal information about an individual is held, it is inaccurate, out of date, incomplete, irrelevant or misleading.

7.3.            If Empart holds personal information about an individual, Empart will provide the individual with access to the information on request by the individual unless certain exceptions apply. These exceptions may include, but are not limited to, the following instances:

(a)         Empart reasonably believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or

(b)        giving 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 Empart and the individual, and the information would not be accessible by the process of discovery in those proceedings; or

(e)         providing access would reveal the intentions of Empart 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)         both of the following apply:

(i)         Empart has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to Empart functions or activities has been or is being or may be engaged in; and

(ii)       giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or

(i)          providing access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or

(j)          giving access would reveal evaluative information generated within Empart in connection with a commercially sensitive decision-making process.

7.4.            Empart will seek to respond to an access request within a reasonable period after the request is made and will give access to the personal information in the manner requested by the individual, if it is reasonable and practicable to do so. Empart may, in appropriate circumstances, charge the individual for giving access to the personal information. Such a charge will not be excessive.

7.5.            If Empart refuses to give access to personal information in the manner requested by the individual or because one or more of the exceptions apply Empart will take such steps as are reasonable in the circumstances to give access in a way that meets the needs of Empart and the individual.

7.6.            If Empart refuses to give access to personal information in the manner requested by the individual or because one or more of the exceptions referred to in paragraph 7.1 of this policy apply, Empart will give the individual written notice that sets out the reasons for the refusal, except to the extent that, having regard to the grounds of refusal it would be unreasonable to do so and the mechanisms available to complain about the refusal (and such other matters prescribed by the regulations). If the reason for refusal is the exception referred to in paragraph 7.3(j) of this policy, the reasons for refusal may include an explanation for the commercially sensitive decision.

7.7.            If Empart refuses to correct personal information as requested by the individual, Empart will give the individual a written notice that sets out the reasons for the refusal, except to the extent that, having regard to the grounds of refusal it would be unreasonable to do so, and the mechanisms available to complain about the refusal (and such other matters prescribed by the regulations).

7.8.            An individual can request Empart to notify another Australian Privacy Principles entity to whom Empart has previously disclosed personal information about the individual, of corrections made to their personal information. Empart will take such steps as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so.

7.9.            An individual can request Empart to associate with the information a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. Empart will respond to a request within a reasonable period after the request is made and 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 the users of the information.

8.              Government Related Identifiers

8.1.            Empart will not adopt a government related identifier of an individual as its own identifier of the individual unless:

(a)         the adoption of the government related identifier is required or authorised by law or a court/tribunal order; or

(b)        Empart is a prescribed organisation, the identifier is prescribed and the adoption, use or disclosure occurs in prescribed circumstances.

9.              Anonymity and Pseudonymity

Wherever it is not unlawful or impracticable, individuals will have the option of not identifying themselves, or of using a pseudonym, when dealing with Empart.

For example, donations made to Empart can be made anonymously or by use of a pseudonym.

10.          Cross-border disclosure of personal information

Empart often liaises with international organisations in an effort to strengthen links within the international movement. Occasionally, Empart may transfer personal information about an individual to someone (other than Empart or the individual) who is in a foreign country. Empart will only do so if Empart has taken reasonable steps to ensure that the information, which it has transferred, will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles.

11.          Complaints

11.1.          Empart will consider complaints made by an individual in relation to:

(a)         a decision to refuse access to personal information the individual requests; or

(b)        a decision not to correct personal information.

Complaints can be emailed to privacy@Empart.org

11.2.          Empart will investigate any complaint and respond to the complainant, in writing, of any decision within a reasonable period after the complaint is received.

11.3.          If you are not satisfied with the response, the complainant may make a complaint about Empart’s handling of the individual’s personal information to the Office Australian Information Commissioner (OAIC). Further information is available on the OAIC website: http://www.oaic.gov.au/privacy/privacy-complaints.

12.          Contact details

All queries or complaints regarding this Privacy Policy, or requests for access to, or correction of, personal information should be directed to the Empart Privacy Officer as follows:

Privacy Officer

Empart Inc
PO BOX 980
Croydon VICTORIA 3136
Australia

Tel: 1300 367 278

Email: privacy@Empart.org

13.          Review

This Privacy Policy will be reviewed regularly and updated as necessary.

Policy Governance

Policy Title Privacy Policy
Policy Version 2
Author Greg Smith
Reviewer Moores Legal, April 2018
Approver Board
Policy Valid from: 2nd May 2018