MineWare Privacy Policy

1. PURPOSE

MineWare Pty Ltd (Mineware) (and its related bodies corporate) respect the privacy of Personal Information.

This Privacy Policy sets out how Mineware collects and treats Personal Information and how it will comply with the Privacy Act 1988 (Cth), the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) and the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) (together the “Privacy Act”) and the thirteen Australian Privacy Principles (APP’s) as set out in Annexure ‘A’.

To comply with Mineware’s obligations under the Privacy Act and the APP’s, this Privacy Policy sets out how Mineware manages privacy in its organisation.

2. SCOPE

Reference in this policy to Mineware is an inclusive term which refers to and is binding upon:

a) the employees of Mineware Pty Ltd (MW); and
b) the employees of Mineware Canada Monitoring Pty Ltd (MWCM); and
c) the employees of Mineware Incorporated (MWInc); and
d) the employees of MWMonitoring Pty Ltd (MWM); and
e) contractors to MW, MWM, MWCM, MWInc or other third parties;

unless otherwise stated in the employee’s contract of employment or any other relevant documentation governing contractors or other third parties.

3. CONTENT

Mineware respects the rights of individuals to privacy and this policy sets out how Mineware collects and treats Personal Information.
“Personal Information” is information or an opinion Mineware holds which is identifiable as being about an individual or could reasonably identify an individual:

a) whether the information or opinion is true or not; and
b) whether the information or opinion is recorded in a material form or not.

Mineware has implemented practices so that its management of Personal Information is open and transparent.

3.1 What Personal Information Mineware collects

In the course of conducting Mineware’s business, Mineware may collect the following types of Personal Information from individuals:

• Contact details (including name, address, phone number, fax number and email address);
• Information about the goods or services that have been ordered or sold;
• Information from enquiries made;
• Records of communications;
• Financial details; and
• Credit card information

Mineware only collects Personal Information which is reasonably necessary for, or directly related to, the conduct of Mineware’s business activities.

3.2 How MineWare collects Personal Information

Mineware collects Personal Information from individuals when individuals interact with Mineware in person or electronically, when they access Mineware’s websites and when Mineware provides goods or services to them.

Mineware only collects Personal Information about an individual from the individual directly, unless it is unreasonable or impractical to do so such as where the individual is acting through an agent.

Mineware does not collect sensitive information such as information or an opinion relating to race, political opinions, religious or philosophical beliefs, memberships of political associations or professional or trade unions, sexual preferences, criminal records or health information. However, if Mineware has a reasonable business requirement to collect any sensitive information from individuals Mineware will notify the individual at the time of collecting this sensitive information and obtain their consent before collecting any sensitive information.

3.3 Information provided to individuals

When Mineware collects Personal Information from individuals, Mineware will provide those individuals with information regarding our privacy practices which is required to be provided under the APP’s, which may be provided by referring them to this Privacy Policy.

3.4 Use of Personal Information

Mineware only uses and discloses Personal Information for the primary purpose for which it was collected, that is to enable Mineware to conduct its business activites, or for a related purpose, or where the individual has consented.

Mineware will take such steps which are reasonable in the circumstances to ensure that Personal Information it uses or discloses is, having regard to the purpose of the use or disclosure, accurate, up to date, complete and relevant.

3.5 Direct Marketing

Mineware will only use or disclose Personal Information for the purpose of direct marketing where such use or disclosure is permitted by Australian Privacy Principle 7.  When engaging in direct marketing Mineware will provide a simple means by which an individual may easily request not to receive direct marketing communications from Mineware and Mineware will include a prominent statement that the individual may make such a request.  Mineware will also comply with any such request.

3.6 Disclosure of Personal Information overseas

Mineware may disclose Personal Information to other related entities in the Mineware group of companies located in the USA, Canada, South America, South Africa and third party suppliers in other countries, including Japan, where such disclosure is reasonably required for the purpose of conducting its business or for purposes ancillary to conducting its business.  When Mineware does so it takes reasonable steps to ensure that those recipients based overseas comply with this Privacy Policy and the APP’s.

3.7 Security of Personal Information

Mineware takes reasonable steps to protect Personal Information from misuse, interference and loss and from unauthorised access, modification or disclosure through the use of security procedures and technologies.  If other organisations provide support services Mineware requires them to appropriately safeguard the privacy of any Personal Information provided to them.

Where the Personal Information Mineware collects is no longer required it will take reasonable steps to destroy or de-identify the information.

3.8 Access to Personal Information

If Mineware holds Personal Information about an individual it will normally, on request by the individual, give the individual access to the information. However, there may be some legal reasons to deny access.  If access is denied Mineware will provide the individual with the reasons why.

If Mineware is satisfied that, having regard to a purpose for which Personal Information is held:

• the information is inaccurate, out of date, incomplete, irrelevant or misleading; or
• an individual requests Mineware to correct Personal Information held about that individual,

Mineware will take such steps as are reasonable to correct Personal Information about an individual having regard to the purpose for which it is held, to ensure that the information is accurate, up to date, complete, relevant and not misleading.

3.9 Website

When individuals come on to Mineware’s website, Mineware may collect certain information such as browser type, operating system and the website visited immediately before coming to its site.  This information is used in an aggregated manner to analyse how individuals use Mineware’s site so that Mineware can improve its site.

Mineware’s website has links to other websites not owned or controlled by Mineware. Mineware is not responsible for these sites or the consequences of individuals going on to those sites.

3.10 Availability and Changes

This Privacy Policy will be publicly available free of charge on Mineware’s website or upon request.  Mineware may change this Privacy Policy in the future.  Updated versions will be uploaded onto Mineware’s website located at www.Mineware.com.

3.11 Implementation

Mineware will continue to take reasonable steps to implement practices, procedures and systems to ensure that it complies with the Privacy Act, the APP’s and this Privacy Policy.

3.12 Complaints and Contact Details

If an individual has any enquiries or complaints about Mineware’s privacy practices, details of enquiries or complaints can be sent to Mineware’s Privacy Officer whose details are set out below. Mineware takes complaints very seriously and will respond shortly after receiving written notice of a complaint.

Note: if contacting Mineware by phone about a complaint Mineware will also ask that the complaint is put in writing so that the full details of the complaint can be fully investigated.

The contact details for Mineware’s Privacy Officer are as follows:
Email: privacyofficer@mineware.com
Telephone: +61 7 3505 1100
Facsimile: +61 7 3505 1149
Address: P.O. Box 155, Paddington, QLD 4064

3.13 Notification of serious data breaches

The Mineware Privacy Officer will notify the Office of the Australian Information Commissioner (OAIC) should the Mineware Privacy Officer have reasonable grounds to believe that an ‘Eligible Data Breach’ of an individual’s Personal Information as defined in the Privacy Act has occurred, or is directed to do so by the OAIC.

An ‘Eligible Data Breach’ happens if:

a) there is unauthorised access to, unauthorised disclosure of, or loss of, Personal Information held by Mineware; and
b) the access, disclosure or loss is likely to result in serious harm to any of the individuals to whom the Personal Information relates.

Annexure ‘A’ – The Australian Privacy Principles (APP’s)

Australian Privacy Principle 1–open and transparent management of personal information
Australian Privacy Principle 2–anonymity and pseudonymity
Australian Privacy Principle 3–collection of solicited personal information
Australian Privacy Principle 4–dealing with unsolicited personal information
Australian Privacy Principle 5–notification of the collection of personal information
Australian Privacy Principle 6–use or disclosure of personal information
Australian Privacy Principle 7–direct marketing
Australian Privacy Principle 8–cross-border disclosure of personal information
Australian Privacy Principle 9–adoption, use or disclosure of government related identifiers
Australian Privacy Principle 10–quality of personal information
Australian Privacy Principle 11–security of personal information
Australian Privacy Principle 12–access to personal information
Australian Privacy Principle 13–correction of personal information

For more information regarding the content of the APP’s you can refer to ‘Privacy Fact
Sheet 17: Australian Privacy Principles’ located at the Office of the Australian Information Commissioner’s website at:
https://www.oaic.gov.au/individuals/privacy-fact-sheets/general/privacy-fact-sheet-17-australian-privacy-principles

 

 

 

MW4816_MineWare Privacy Policy June 2018