Personal information includes information about a person, whether true or not and whether recorded in a material form or not.
Sensitive information includes information about an individual’s race, ethnicity, politics, religion, philosophy, membership of professional or trade associations or unions, sexual preferences or practices, criminal record, and health or genetic information.
1 The information we hold
1.1 Solutions In Engineering is a member of the National Community Titles Institute (NCTI) which is a national representative association for parties involved in the professional full-time administration of community, strata and body corporate schemes. We provide professional services including Sinking Fund Forecasts and Safety Reports etc to the strata titles industry throughout Australia.
1.2 Solutions In Engineering provides these services on behalf of your scheme and in doing so may hold personal information about you.
1.3 This policy explains how we deal with your personal information in line with our legal obligations, Australian Standards and our best practice commitment to the service we provide you.
1.4 Collecting your personal information is essential for us to be able to perform our lawful business undertakings under our agreement with the scheme. Our obligations to the scheme are to provide professional reports as requested by a Body Corporate or Owners Corporation representative.
2 About Solutions In Engineering
2.1 Our details are as follows:
Solutions IE Pty Ltd
AUS Telephone: 1300 136 036
AUS Facsimile: 1300 136 037
NZ Telephone:0800 136 036
NZ Facsimilie:0800 136 037
CAN Telephone: 1-877-778-8706
CAN Facsimilie: 1-877-778-8706
3 Collection and Storage of Information
3.1 Solutions in Engineering commits to collect personal information about its clients directly from those clients
3.2 However personal information is generally collected during the course of our relationship with the scheme. Sometimes personal information may be collected about you from other sources. For example a Body Corporate Manager or Strata Manager will have your personal information. In this case we rely on the fact that you have previously given consent to any collection, use, or disclosure of your personal information by the Scheme Manager or Committee. Sometimes we will assume you have given your consent by your conduct.
3.3 Where it is not practicable to collect information directly from the client, Solutions in Engineering will endeavour to notify the client of the fact that it has collected personal information from another source
3.4 Information will be stored securely and will be protected.
3.5 Solutions in Engineering will only collect personal information, or retain it in the event that the information was unsolicited, if it is reasonably necessary or directly related to its functions or activities
3.6 Solutions in Engineering will only collect sensitive information, or retain it in the event that the information was unsolicited, if the individual consents to the collection and it is reasonably necessary for its functions or activities
3.7 Solutions in Engineering will take reasonable steps to ensure that personal and sensitive information is accurate, up to date and complete
4 Anonymity and Pseudonymity
4.1 Solutions in Engineering recognises that it is required to give the option to individuals to remain anonymous or use a pseudonym unless it would be impracticable to do so.
4.2 Solutions in Engineering therefore will allow its clients to use a pseudonym or remain anonymous, unless the nature of the work is such that personal information is required
5 Use of Personal Information
5.1 Collecting your personal information is essential for us to be able to perform our lawful business undertakings under our agreement with the scheme. Our obligations to the scheme are to provide professional reports as requested by a Body Corporate or Owners Corporation representative. Solutions in Engineering will only use or disclose personal information for the lawful purpose for which it was collected (‘the primary purpose’), unless:
5.1.1 The individual has consented to the further use of the information for another purpose (a ‘secondary purpose’)
5.1.2 The individual would reasonably expect the information to be used for a secondary purpose, which is:
For sensitive information – directly related to the primary purpose; or
For personal information – related to the primary purpose; or
5.1.3 The further use or disclosure of the information is required or authorised by law
6 Protection of Information
6.1 Solutions in Engineering will take reasonable steps, including by securing the computer networking equipment, to protect information from unauthorised access, modification or disclosure
7 Notification of Collection
7.1 Solutions in Engineering will take reasonable steps to notify an individual before or at the time of collection, or as soon as practical afterwards, of any of the following matters which are not already known by the individual:
7.1.1 That personal information has been or will be collected
7.1.2 The identity and contact details of Solutions in Engineering
7.1.3 The purpose for which information has been collected
7.1.4 The consequences for the individual if the information is not collected
7.1.5 Any other organisation, body or person to which the information may be disclosed
7.1.8 Whether Solutions in Engineering is likely to disclose personal information to overseas recipients, and, if practicable to specify, the location of those recipients
8 Direct Marketing
8.1 Solutions in Engineering will not use personal information for direct marketing, unless:
8.1.1 It collected the information directly from the individual;
8.1.2 The individual would reasonably expect it to use or disclose the information for direct marketing; and
8.1.3 It provides a simple ‘opt out’ mechanism, which has not been used by the individual
8.2 Solutions in Engineering will not use sensitive information for direct marketing, unless the individual has consented to the use of the information for that purpose and does not seek to ‘opt out’ of future correspondence. Individuals may contact us to opt out of future correspondence.
8.3 Any individual may request Solutions in Engineering to disclose the source of the information used in direct marketing. Solutions in Engineering will comply with this request within a reasonable time, and will not impose any fee, levy or charge for doing so.
9 Overseas Recipients
9.1 Before international disclosure of personal information, Solutions in Engineering will either:
9.1.1 Take reasonable steps to ensure that the overseas recipient will not breach the Australian Privacy Principles;
9.1.2 Reasonably believe that they are subject to a binding scheme which protects individuals’ privacy in a substantially similar way to the Australian Privacy Principles; or
9.1.3 Obtain consent from the individual for disclosure to a recipient not subject to such a binding scheme
9.2 For the avoidance of doubt, cl 9.1 includes the use of internationally located information technology companies, including cloud storage of information.
10 Government Identifiers
10.1 Solutions in Engineering will not adopt a government identifier, such as a Tax File Number (TFN) or licence number, as its own identifier
10.2 Solutions in Engineering will not use a government identifier, such as a Tax File Number (TFN) or licence number unless it is reasonably necessary to verify the identity of the individual or it is required or authorised by law
11 Access and Correction of Information
11.1 All individuals with whom Solutions in Engineering deals may request access to their personal information
11.2 Solutions in Engineering will fully comply with such a request within a reasonable time, except if:
11.2.1 Granting access would pose a serious threat to life, health or safety of any individual
11.2.2 Granting access would unreasonably impact on another individual’s privacy
11.2.3 The request is frivolous or vexatious
11.2.4 Granting access would be unlawful, or affect current legal proceedings or negotiations
11.2.5 Denying access is required or authorised by an Australian law or court order
11.3 If an exception under cl 11.2 applies, Solutions in Engineering will take reasonable steps to grant access in a reduced or modified way so that it meets the needs of the organisation and the individual. If access is denied completely, Solutions in Engineering will give the individual a written note explaining why the exceptions apply and advising them of their further options
11.4 Where an individual requests correction of the information, or Solutions in Engineering becomes satisfied that information is inaccurate, out of date, incomplete, irrelevant or misleading, Solutions in Engineering will take reasonable steps to correct it within a reasonable time
11.5 If information of the type in cl 11.4 has been passed onto another organisation, and an individual requests that the correction be forwarded to that organisation, Solutions in Engineering will take reasonable steps to do so
11.6 If Solutions in Engineering refuses to correct the information, it will give the requesting individual a written notice setting out the reasons for the refusal and advising them of further options
12 Destruction or De-identification of Information
12.1 Where information is no longer needed for valid purpose under this Policy, Solutions in Engineering will take reasonable steps to ensure it is de-identified or destroyed
13 Complaints About Breach of this Policy or the Australian Privacy Principles
13.1 Any individual who feels that his or her information has been treated in a manner contrary to this Policy or the Australian Privacy Principles may make a written complaint to the Human Resource Manager
13.2 The Human Resource Manager, will review the complaint and provide a written response, either:
13.2.1 Granting access to the information, if the request is one in relation to cl 11.1
13.2.2 Denying or limiting access to the information, in accordance with cl 11.3
13.2.3 Agreeing to correct information, in accordance with 11.4
13.2.4 Agreeing to forward a correction to another organisation, in accordance with 11.5
13.2.5 Refusing to correct information, in accordance with 11.6
13.2.6 In relation to another breach of this Policy or the Australian Privacy
Principles, rectify the breach in such a way that this Policy and the Australian Privacy Principles become satisfied
13.3 The response in 13.2 will provide information on further avenues of complaint or review