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Breakway Inc. Privacy Statement Overview

This Privacy Statement sets out how Breakaway Inc complies with the Australian Privacy Principles (APPs) in the Privacy Act 1988 (the Privacy Act).

In performing our functions, we may collect, hold, use or disclose your personal information. This policy contains information about how we collect, use, disclose and store personal information, including sensitive information, and how individuals may access and correct personal information that we may hold.

We take privacy seriously and will only collect, use and disclose your personal information in accordance with the Privacy Act and other applicable laws.

The Privacy Act applies to information about individuals, not to information about entities such as businesses, firms or trusts. If we do not receive personal information about you, the Privacy Act will not apply. Detailed information on the Privacy Act can be found on the website of the Office of the Australian Information Commissioner.

You should read this policy if you are:
  • an individual whose personal information may be given to or held by us

  • a contractor, consultant, supplier or vendor of goods or services to us or someone who has tendered to provide goods or services to us

  • a person seeking employment with us

  • a person who is or was employed by the Breakaway Inc

  • a person who has sent correspondence to us

  • a person who has made enquiries or complaints to us

What is Personal Information?

“Personal information’ is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not (section 6 of the Privacy Act). 

 
What kinds of personal information is collected by Breakaway Inc?

We collect and hold a broad range of personal information in records relating to:

  • employment services and human resources

  • public and product awareness, including when people ask to be on an email or mailing list so that we can send them information about our products, activities and publications

  • the management of contracts arrangements

  • correspondence from members of the public

  • complaints (including privacy complaints) made

In performing our functions, we may collect and hold the following kinds of personal information, which will vary depending on the context of the collection:

  • your name, address and contact details (phone and facsimile numbers and e-mail address)

  • photographs, video recordings and audio recordings of you ( where applicable i.e social media etc.)

  • information about your personal circumstances (for example,  age, gender, occupation)

How we collect personal information

We collect personal information through a variety of different methods including:

  • paper-based forms

  • electronic forms (including online forms)

  • face to face meetings

  • the exchange of business cards

  • telephone communications

  • e-mail communications

  • communications by letter / fax

  • Breakaway Inc websites

  • Breakaway Inc social media websites and accounts.

Under the Privacy Act, we are required to take contractual measures to ensure contracted service providers (including sub-contractors) comply with the same privacy requirements applicable to us.

What is sensitive information?

'Sensitive information' is defined in section 6 of the Privacy Act as:

  1. information or an opinion about an individual's:

    1. racial or ethnic origin

    2. political opinions

    3. membership of a political association

    4. religious beliefs or affiliations

    5. philosophical beliefs

    6. membership of a professional or trade association

    7. membership of a trade union

    8. sexual orientation or practices

    9. criminal record

that is also personal information

  1. health information about an individual

  2. genetic information about an individual that is not otherwise health information

  3. biometric information that is to be used for the purpose of automated biometric verification or biometric identification

  4. biometric templates.

What kinds of sensitive information do we collect?

On occasion, we may collect sensitive information about you including information about:

  • your health (including information about your medical history and any disability or injury you may have

  • your membership of a professional or trade association

Why we collect sensitive information?

We may collect sensitive information about you if:
  • you have consented and the information is reasonably necessary for, or directly related to, one of our functions or activities

  • the collection is required or authorised by law.

 
Data quality

We hold personal and sensitive information in paper-based files, electronic records, e-mails and databases.

We will take reasonable steps to maintain and update personal information in our possession or control, or when we are advised by individuals that their personal information has changed.

Data security

We will take all reasonable steps to ensure that all personal information in our possession or control is protected against loss, unauthorised access, misuse, disclosure or modification.

Access to personal information held is restricted to authorised persons who are our employees or contractors to us. 

 

Electronic and paper records containing personal information are protected in accordance with the Australian Government security policies; for example, we use password protection for electronic files, secure paper files in locked cabinets and compactuses and may use other physical access restrictions (for example, for personnel files). 

Storage of personal information (and the disposal of information when no longer required) is managed in accordance with the Australian Government records management regime, including the Archives Act 1983 (Archives Act), Records Authorities and General Disposal Authorities. 

Accidental or unauthorised disclosure of personal information

We will take seriously any accidental or unauthorised disclosure of personal information. Complaints will be handled in accordance with the complaints process (please refer below). 

If a breach of the Australian Privacy Principle(s) has been identified, we will advise you of our findings and proposed follow up action which may include, for example, an apology, targeted staff training, revised security or storage arrangements, or amendment of forms to prevent similar situations arising. 

If you are not satisfied with our response, you have the option of making a complaint to the Privacy Commissioner (see below).

Purposes for which personal information is collected, held, used and disclosed

We only collect personal information for purposes which are directly related to our functions or activities, and only when it is necessary for or directly related to such purposes. 

These functions and activities include:

  • performing recruitment, employment and human resource management functions in relation to individuals seeking employment with the Breakaway Inc, it's  staff and contractors

  • performing retail, commercial, legislative and administrative functions

  • complaints handling

  • program management

  • contract management

  • responding to enquiries and correspondence from members of the public

  • responding to requests under the FOI Act and the Archives Act.

We will not ask you for personal information we do not need.

We will take reasonable steps to provide you with information about the primary purpose of collection at the time the information is collected or as soon as practicable after collection.   

 

Where possible, we will notify you at the time we collect the information, or shortly after, if we are likely to pass the information on to another body and, if relevant, the bodies to which the information is likely to be given.

We will only use your personal information for secondary purposes where it is able to do so under the Privacy Act. 

How to seek access to and correction of personal information

You have a right under the Privacy Act to access personal information we hold about you. 

You also have a right under the Privacy Act to request corrections to any personal information that we hold about you if you think the information is inaccurate, out-of-date, incomplete, irrelevant or misleading. 

If you wish to:

  • query how your personal information is collected, held, used or disclosed

  • ask questions about this Privacy Policy

  • obtain access to or seek correction of your personal information

please contact Breakaway Inc using the following contact details:

By e-mail:

info@breakawayinc.org.au

​Breakaway Inc will respond to the request within 30 days and will request the provision of proof of identity which will need to be one of the following:

  • Name

  • Address

  • Phone number

Should proof of identity not be provided, Breakaway Inc will give written notification that the request cannot be met. Complaints can be addressed as below.

Should the request be regarding sensitive information, further details may be required and will be addressed on a case by case basis.

Complaints
How to make a complaint
  • If you believe that we have breached our privacy reporting obligations under the Act, or you are unsatisfied with the manner in which we have dealt with your personal information, you may make a complaint by emailing or writing to us at:

or

  • In writing: Privacy Officer, Breakaway, Po Box 114, Margate Beach Qld 4019.  We will respond to you within 30 business days to attempt to resolve any complaints or disputes.
     

If you are still unsatisfied, you may wish to direct your complaint to the Office of the Australian Information Commission at http://www.oaic.gov.au/ or alternatively: Phone: 1300 363 992