MEGT is committed to privacy protection and compliance with applicable privacy laws and standards, and will manage personal information in an open and transparent way.
MEGT will fulfil its obligations under the Privacy Act of 1988 (including the Amendment (Enhancing Privacy Protection) Act 2012 (Cth)), by complying with the Australian Privacy Principles (APPs). These 13 principles detail how organisations should collect, update, use, keep secure or where necessary disclose and give access to personal information, as well as how complaints should be handled and how, in some circumstances, anonymity can be maintained.
This policy applies to all employees, contractors, customers and suppliers. It applies to the collection, updating, use, storage, disclosure and access to personal and sensitive information that can be recorded in any format including, but not limited to, information held in writing, online, digitally or by electronic means, including mobile phones and USB sticks.
3.1.1 Your personal information
Information collected and held by MEGT could include name, current and previous address, telephone number(s), driver licence number, bank account details, Tax File Number, date of birth, diversity status, and relevant sensitive (e.g. health) information, as well as details of your trading with us e.g. numbers, financial and business details (suppliers and customers) information.
18.104.22.168 where reasonable and practicable to do so, collect personal information about an individual from that individual
22.214.171.124 ensure that individuals are aware that, in some circumstances, information may be provided anonymously or by using a pseudonym unless
(a) MEGT is required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves or
(b) it is impracticable for MEGT to deal with individuals who have not identified themselves or who have used a pseudonym
126.96.36.199 not collect, update, use, store or disclose personal, health or business information to another party without written consent from an individual, business or MEGT
188.8.131.52 only collect personal information that is necessary for its functions or activities
184.108.40.206 only collect information by lawful and fair means, without unwarranted coercion and in a way that is not unreasonably intrusive
220.127.116.11 when, or as soon as practicable after, collecting personal information from an individual, MEGT will take reasonable steps to ensure that the individual is aware of:
a) MEGT’s identity and contact details
b) how to access the information
c) how to update the information
d) the purpose for which the information is collected
e) the types of entities to which MEGT usually discloses information of that kind, and, where relevant, the countries in which overseas recipients are likely to be located
f) any law that requires the particular information to be collected
g) the main consequences (if any) for the individual if all or part of the information is not provided
i) how to complain about a breach of the Australian Privacy Principles.
18.104.22.168 if personal information is collected from someone other than the individual, take reasonable steps to ensure that the individual is made aware of the matters listed above except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual
22.214.171.124 inform the party/s concerned of the reason for collecting, using, storing or disclosing such information
126.96.36.199 inform the party/s concerned of the main consequences if all or part of the information is not provided.
3.1.2 Where our information comes from
MEGT collects personal information in a number of ways:
188.8.131.52 directly from you when you apply to us for employment as part of our recruitment
of employees process, or training services, on an application form
184.108.40.206 from freely available “public domain” information sources e.g. telephone directories
220.127.116.11 from our own records of how and when you use our various services
18.104.22.168 from third parties, such as previous employers or organisations you have dealt with in the past and volunteered by you as a reference for the purposes of employment or credit checks prior to the opening of an account with us.
3.1.3 Unsolicited information
22.214.171.124 If MEGT receives unsolicited personal information, we will, within a reasonable period after receiving the information, determine whether or not the information could have been collected by lawful and fair means.
126.96.36.199 If MEGT determines that we could not have collected the personal information, and the information is not contained in a Commonwealth record, MEGT will, as soon as practicable, but only if it is lawful and reasonable to do so, destroy the information or ensure the information is de-identified.
188.8.131.52 If MEGT determines that the information could have been collected by lawful and fair means, we will apply the Australian Privacy Principles in relation to the information as if we had collected the information under the Australian Privacy Principles.
3.2 USE AND DISCLOSURE
3.2.1 How we use information
MEGT will only use this information to:
184.108.40.206 provide the service(s) you have requested. This may be payment for work done, invoicing for work completed by one of our employees, or providing training services and reporting results
220.127.116.11 manage those services in order to provide the optimum level of service for your individual needs
18.104.22.168 conduct appropriate credit, police and/or “Working with Children” checks, and pre-employment checks e.g. reference checking or pre-employment medical advice
22.214.171.124 advise you of other services that we provide, that may be of interest to you.
3.2.2 When we use or disclose information
126.96.36.199 MEGT will only disclose information about you to others on an as needs basis or
where required by law.
These people or organisations may include,
a) your authorised representative or legal advisors
b) banks or credit providers for payroll purposes or credit related functions such as the provision of account facilities
c) government and statutory authorities, where required by law, for example the reporting of training results for a registered trainee; Australian Taxation Office; or nominated superannuation fund
d) MEGT’s Privacy Officer / National Senior Executive Human Resources who believes that use of the information is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person.
188.8.131.52 MEGT will only use or disclose personal information for a purpose (the secondary purpose) other than the primary purpose of collection if:
a) the individual has consented to the use or disclosure of the information or
b) the individual would reasonably expect the information to be used or disclosed for the secondary purpose and
c) if the information is sensitive, it is directly related to the primary purpose or
d) if the information is not sensitive, it is related to the primary purpose or
e) the use or disclosure of the information is required or authorised by or under an Australian law or court/tribunal order or
f) a permitted general situation exists or
g) a permitted health situation exists or
h) MEGT reasonably believes that the use or disclosure is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
3.2.3 Record of use and/or disclosure & de-identification
If MEGT uses or discloses personal information under the previous paragraph we will make a written note of the use or disclosure, and will take reasonable steps to ensure that the information in de-identified before disclosure.
These guidelines on use and disclosure of personal information do not apply for the purposes of direct marketing or the use of government related identifiers,
3.2.5 DIRECT MARKETING
184.108.40.206 MEGT may use personal information (other than sensitive information) about an individual for the purposes of direct marketing if:
a) MEGT collected the information from the individual and the individual would reasonably expect MEGT to use the information for that purpose
b) MEGT collected the information from someone other than the individual and either
(i) the individual has consented to the use or disclosure of the information for that purpose or
(ii) it is impracticable to obtain that consent.
c) MEGT may use personal contact details for the purposes of direct marketing if:
(i) MEGT is a contracted service provider for a Commonwealth contract and
(ii) MEGT collected the information for the purpose of meeting (directly or indirectly) an obligation under the contract and
(iii) the use is necessary to meet (directly or indirectly) such an obligation.
And for any of the above situations, MEGT will provide a simple means by which the individual may easily request not to receive direct marketing communications from MEGT and MEGT will make all reasonable efforts to ensure no further direct marketing is sent to those contact details.
220.127.116.11 MEGT will not disclose personal or sensitive information to any other party through direct marketing.
18.104.22.168 If MEGT uses personal information about an individual for the purpose of direct marketing by MEGT or to facilitate direct marketing by other organisations the individual may:
a) request not to receive direct marketing communications from MEGT
b)request MEGT not to use or disclose the information for the purpose of direct marketing by other organisations
e) request MEGT to provide its source regarding this information.
22.214.171.124 MEGT will make all reasonable efforts to remove the individual's contact and personal details if the individual communicates this request through the response point to the origin of the direct marketing or through any other MEGT corporate communication media.
126.96.36.199 If and when an individual makes a request under the above sub-clause 188.8.131.52,
a) MEGT will not charge the individual for the making of, or to give effect to, the request to remove their details from future direct marketing and
b) MEGT will make every reasonable effort to give effect to such a request within a reasonable period after the request is made and
c) if the request is to provide the information source, MEGT will notify the individual of its source unless it is impracticable or unreasonable to do so.
184.108.40.206 Any direct marketing conducted by MEGT will comply with
a) the Do Not Call Register Act 2006
b) the Spam Act 2003
c) any other Act of the Commonwealth, or a Norfolk Island enactment, prescribed by the regulations.
ONLINE ADVERTISING AND REMARKETING
MEGT uses the following features of third party providers for the purpose of promoting its services online:
- interest categories
- similar audiences
- interest-based advertising
- demographic and location targeting.
In conducting the above activity MEGT will not
- collect personally identifiable information (PII) including, but not limited to, email addresses, telephone numbers, and credit card numbers
- use or associate personally identifiable information with remarketing lists, cookies, data feeds, or other anonymous identifiers
- use or associate targeting information, such as demographics or location, with any personally identifiable information collected from the ad or its landing page
- share any personally identifiable information with Google through our remarketing tag or any product data feeds which might be associated with our Google Adwords ads
- send Google precise location information without obtaining people's consent.
MEGT will abide by the policy for sensitive categories outlined below.
- When creating a remarketing list, we will not use any sensitive information about our site or app visitors, whether collected directly or associated with a visitor, based on the visitor's profile or behavior on our site or app
- Ad content will not imply knowledge of personally identifiable or sensitive information.
3.3 DATA QUALITY - Have we got the right information?
3.3.1 take such steps (if any) as are reasonable in the circumstances to ensure that the personal information we collect, use and where appropriate disclose to others is accurate, complete, and up to date
3.3.2 if satisfied that, having regard to the purpose for which the information is held, the information is inaccurate, out of date, incomplete, irrelevant or misleading or
3.3.3 if the individual requests MEGT to correct the information take such steps (if any) as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading
3.3.4 when correcting personal information about an individual that we previously disclosed to another organisation also respondent to the Australian Privacy Principles, and if the individual requests us to do so, we will take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so
3.3.5 give the individual a written notice if we refuse to correct the personal information, as requested by the individual, setting out
(a) the reasons for the refusal except to the extent that it would be unreasonable to do so and
(b) the mechanisms available to complain about the refusal and
(c) any other matter prescribed by the regulations.
3.3.6 if the individual and MEGT disagree about whether the information is inaccurate, incomplete, out of date, irrelevant or misleading, and the individual asks MEGT to associate with the information a statement that the information is inaccurate, incomplete, out of date, irrelevant or misleading, MEGT 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 users of the information.
3.4 DATA SECURITY
3.4.1 take reasonable steps to ensure the information held is protected from misuse, interference and loss as well as from unauthorised access, modification or disclosure. Limited access will be given to authorised personnel only, and only where MEGT believes they reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs
3.4.2 have physical, electronic, and procedural safeguards in place that comply with federal regulations to protect personal and business information about you
3.4.3 store information electronically or in paper files secured in locked cabinets
3.4.4 take reasonable steps to destroy or permanently de-identify personal information if it is no longer required, is not contained in a Commonwealth record, and MEGT is not required by or under an Australian law, or a court/tribunal order, to retain the information.
3.5.3 On request MEGT will take reasonable steps to let a person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses, updates and discloses that information about a person.
3.6 ACCESS AND CORRECTION
3.6.1 Your rights to access
220.127.116.11 You have the right to access any information held by MEGT about you, subject to some restrictions listed in Federal Government legislation
a. if providing access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety or
b. if providing 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 MEGT and the individual, and would not be accessible by the process of discovery in those proceedings or
e. providing access would reveal the intentions of MEGT 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. MEGT has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to MEGT’s functions or activities has been, is being, or may be engaged in and
i. providing access would be likely to prejudice the taking of appropriate action in the matter or
j. providing access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body, or
k. providing access would reveal evaluative information generated within MEGT in connection with a commercially sensitive decision-making process.
18.104.22.168 However where providing access would reveal evaluative information generated within MEGT in connection with a commercially sensitive decision making process, MEGT may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.
22.214.171.124 If MEGT is not required to provide the individual with access to the information because of one or more of above stated reasons, MEGT will, where reasonable in the circumstances, give access in a way that meets the needs of both MEGT and the individual, including through the use of a mutually agreed intermediary.
3.7 GOVERNMENT RELATED IDENTIFIERS
3.7.1 MEGT will not adopt a government related identifier of an individual as its own identifier of the individual unless:
a) required or authorised by or under an Australian Law or a court/tribunal order or
b) the identifier is prescribed by the regulations and
c) MEGT is prescribed by the regulations, or is included in a class of organisations prescribed by the regulations and
d) the adoption, use or disclosure occurs in the circumstances prescribed by the regulations.
3.7.2 MEGT will not use or disclose a government related identifier of an individual unless:
(a) the use or disclosure of the identifier is reasonably necessary to verify the identity of the individual for the purposes of our activities or functions or
(b) the use or disclosure of the identifier is reasonably necessary to fulfil our obligations to a government agency of State or Territory authority or
(c) the use or disclosure of the identifier is required or authorised by or under an Australian law or a court/tribunal order or
(d) a permitted general situation exists in relation to the use or disclosure of the identifier or
(e) MEGT reasonably believes that the use or disclosure of the identifier is reasonably necessary for one or m ore enforcement related activities conducted by, or on behalf of, and enforcement body.
Wherever it is lawful and practicable, individuals will have the option of not identifying themselves, or of using a pseudonym, when dealing with MEGT, except:
3.8.1 when MEGT is required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves or
3.8.2 it is impracticable for MEGT to deal with individuals who have not identified themselves or who have used a pseudonym.
3.9 CROSS-BORDER DISCLOSURE OF PERSONAL INFORMATION
3.9.1 MEGT will only transfer personal information about an individual to someone (other than within our organisation or to the individual) who is an overseas recipient if:
a. MEGT has taken reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to the information or
b. MEGT reasonably believes that the recipient of the information is subject to a law or binding scheme that has the effect of protecting the information in a way that is substantially similar to the Australian Privacy Principles, and
c. there are mechanisms that the individual can access to take action to enforce that protection of the law or binding scheme or
d. the individual consents to the disclosure, in which case
e. MEGT will expressly inform the individual that if he or she consents to the disclosure of the information, we will not take reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to the information however we will then re-check that the individual still consents to the disclosure
f. the disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order or
g. a permitted general situation exists in relation to the disclosure of the information by MEGT
h. the disclosure of the information is required or authorised by or under an international agreement relating to information sharing to which Australia is a party or
i. MEGT reasonably believes that the disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body and
j. the recipient is a body that performs the functions, or exercises powers, that are similar to those performed or exercised by an enforcement body.
3.10 SENSITIVE INFORMATION
3.10.1 MEGT will not collect sensitive information about an individual unless:
a. the individual has consented to the collection of the information and
b. the information is reasonably necessary for one of more of our functions or activities and
c. the information relates solely to individuals who have regular contact with MEGT in connection with our activities or
d. the collection of the information is required or authorised by or under an Australian law or a court/tribunal order or
e. a permitted general situation exists in relation to the collection of the information or
f. a permitted health situation exists in relation to the collection of the information.
3.11 REQUESTS FOR INFORMATION
3.11.1 MEGT will not disclose any personal information without first establishing the identity of the person requesting the information.
3.11.2 If access to personal information held by MEGT is required, a written request specifying the information sought may be made to an individual’s usual contact at MEGT or the Privacy Officer / National Senior Executive Human Resources. Adequate identification by or authority from an individual must be supplied to MEGT before any personal information will be provided
3.11.3 Access to personal information will be provided within five business days of receiving a request. If this cannot be complied with MEGT will advise within the five day period when access will be provided.
3.11.4 The nature and the timing of access will be agreed between MEGT and the individual.
3.11.5 MEGT may charge a reasonable fee for providing access to personal information, (but not for lodging a request for access).
3.11.6 If MEGT refuses access due to subclause 126.96.36.199, we will provide written notice to the individual which sets out:
(a) the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so
(b) the mechanisms available to complain about the refusal, and
(c) any other matter prescribed by the regulations..
3.12.1 Any complaint by an individual regarding MEGT’s management or handling of personal information should be directed to MEGT’s Privacy Officer. Contact details are set out below.
3.12.2 To enable a complaint to be properly understood and acted upon it is requested that it be made in writing, specifying the personal information involved and the contact or process at MEGT that is the subject of the complaint.
3.12.3 All complaints will be acknowledged within three (3) working days of receipt. Contact details of the person dealing with the complaint and the Privacy Officer will also be advised to the individual making the complaint at this time.
3.12.4 Complaints will be responded to within fifteen (15) working days. If this is not possible the individual will be advised as to when MEGT expects to be able to respond.
3.12.5 If MEGT’s response does not resolve the complaint MEGT and the individual will, in good faith, promptly agree to a process and time frame for dealing with the complaint.
4.1 Privacy Officer / General Manager, People & Safety
The responsibilities of the Privacy Officer will include:
4.1.1 investigating any complaints raised with respect to privacy and personal information
4.1.2 reviewing the organisation’s current and future practices and procedures to ensure compliance with this policy and current legislation
4.1.3 reviewing this policy and advising on the education of management and staff of their responsibilities under this policy and providing information on the Privacy and Health Records Acts.
If you have any questions relating to privacy or the storage of information about you, please contact us on:
03 9871 5555
and ask for