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Privacy Policy

Empower Australia Overseas Aid Fund Inc (Empower) 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 Empower Inc in relation to the collection, holding, use and disclosure by Empower 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 Empower collects includes personal information regarding Empower members, Empower supporters, Empower volunteers, Empower donors, Empower personnel or other persons with whom Empower or a third party has contact in connection with Empower’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. Empower 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 Empower collects and holds depends on the nature of an individual’s involvement with Empower.

2.2.            Depending on the reason for collecting the personal information, the personal information that Empower 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.            Empower 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 Empower to service their needs. For instance it will not be possible for Empower to provide an individual with financial assistance, if they want to remain anonymous or use a pseudonym.

2.5.            Empower sometimes receives unsolicited personal information. In circumstances where Empower 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.            Empower’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 Empower collects personal information, when a person walks in to our office with an enquiry and also online via Empower’s website.

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

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

3.5.            If it is reasonable and practicable to do so, Empower will collect personal information about an individual only from that individual. Empower will, from time to time, collect personal information from third parties, social media and via the use of cookies on Empower’s website. Empower 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.            Empower 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, Empower is bound by the APPs, which provide for the circumstances in which disclosure is permitted, or required by law.

3.7.            If Empower 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, Empower’s functions or activities.

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

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

4.              Use and disclosure

4.1.            Empower 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.            Empower collects personal information for the following primary purposes:

(a)         fulfilling Empower’s role to provide relief from suffering and eliminate the causes of poverty that affects poor and needy people in developing countries;

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

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

(d)         increasing Empower’s financial support, through various fundraising activities, in order to maintain and enhance Empower’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 Empower Ambassadors and presenters and otherwise operating the Empower Ambassador program

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

(h)         recruiting staff, Board of Management, 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, Empower collects the personal information for purposes including:

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

(iii)       Empower 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)         Empower 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 Empower 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, Empower will seek such consent from his or her parent or guardian.

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

4.8.            Empower may use personal information about an individual for direct marketing purposes. This marketing supports the future development and growth of Empower. This may include, but is not limited to, promoting Empower products, marketing of products or services of third parties with whom Empower 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.            Empower may use personal information (other than sensitive information) about an individual for direct marketing if Empower collected the information from:

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

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

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

4.10.          Empower 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 Empower at the contact details in item 12. Once Empower receives a request from an individual to cease receipt of marketing information, Empower will cease sending such information within a reasonable period of time.

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

(a)         direct marketing an individual may request not to receive direct marketing communications from Empower and Empower 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 Empower not to use or disclose the individual’s information for the purpose of facilitating direct marketing by other organisations and Empower must give effect to the request within a reasonable period of time,

and the individual may request Empower to be provided with the source of the information and Empower 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.         Empower will not charge any individual for the making of, or to give effect to, such requests.

5.              Data quality

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

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

7.2.            An individual can request Empower to correct personal information held by Empower by contacting Empower at the contact details in item 12 Empower 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. Empower may also take such steps on its own initiative, if Empower 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 Empower holds personal information about an individual, Empower 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)         Empower 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 Empower 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 Empower 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)         Empower has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to Empower 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 Empower in connection with a commercially sensitive decision-making process.

7.4.            Empower 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. Empower may, in appropriate circumstances, charge the individual for giving access to the personal information. Such a charge will not be excessive.

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

7.6.            If Empower 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, Empower 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 Empower refuses to correct personal information as requested by the individual, Empower 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 Empower to notify another Australian Privacy Principles entity to whom Empower has previously disclosed personal information about the individual, of corrections made to their personal information. Empower 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 Empower to associate with the information a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. Empower 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.            Empower 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)         Empower 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 Empower.

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

10.          Cross-border disclosure of personal information

Empower often liaises with international organisations in an effort to strengthen links within the international movement. Occasionally, Empower may transfer personal information about an individual to someone (other than Empower or the individual) who is in a foreign country. Empower will only do so if Empower 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.          Empower 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@Empower.org

11.2.          Empower 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 Empower’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 Empower Privacy Officer as follows:

Privacy Officer

Empower Australia Overseas Aid Fund Inc
PO BOX 980
Croydon VICTORIA 3136
Australia

Tel: 1300 367 278

Email: privacy@empower-aid.org.au

13.          Review

This Privacy Policy will be reviewed regularly and updated as necessary

 

 

 

Policy Governance

 

Policy Title Privacy Policy
Policy Version 1
Author Greg Smith
Reviewer Moores Legal, April 2018
Approver Board
Policy Valid from: 2nd May 2018