Privacy

Daymark – Privacy Policy
Last updated: 9 December 2021

To the extent that we are bound by the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1988 (Cth) (“Privacy Act”), we comply with the APPs when handling personal information. We have implemented this privacy policy, which explains how we handle personal information. Where applicable privacy laws provide for exceptions or exemptions, we may rely on those exceptions or exemptions in our information handling practices.

Terminology
In this Privacy Policy:

  • “personal information” has the meaning set out in the Privacy Act, and (in summary) means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether true or otherwise;
  • “sensitive information” has the meaning set out in the Privacy Act, and includes certain specific types of personal information such as health information, and information about a person’s racial or ethnic origin, sexual orientation or practices, criminal record, religious beliefs or affiliations, political opinions, membership of a political, professional or trade association, and biometric and genetic information.

Purposes for collecting information
As a general rule, we only collect personal information for purposes that would be considered relevant and reasonable in the circumstances. The purposes for which we use and disclose your personal information will depend on the circumstances in which we collect it.

In the ordinary course of business, we may collect personal information about an individual to the extent that this is necessary for one or more of the following purposes:

  • to provide our public relations and related services;
  • to market, advertise or otherwise promote our public relations and related services;
  • to undertake market research in relation to our public relations and related services;
  • to develop and improve our website, our services and our products;
  • to verify your identity;
  • to protect the security and integrity of our websites and other technology services;
  • to protect the security, health and safety of our premises, facilities, personnel and visitors;
  • to consider you for a job (whether as an employee or contractor) or other business relationship with us;
  • to address any issues or complaints that we or you have regarding our relationship; and
  • to comply with taxation, occupational health and safety laws, and any other applicable laws.

If the personal information we request is not provided then we may not be able to provide you with our public relations and related services.

We may also collect and use statistical and analytics data for various purposes relating to our business, including benchmarking, data analytics, research, trend and performance analysis, case studies and comparative analysis of particular industries and businesses. We take steps to ensure that any outputs of these activities are anonymised or aggregated so that no individuals are reasonably identifiable from the data.

Types of information collected
We may collect and hold for the purposes outlined above the following types of information (without limitation);

  • a person’s name, current address, telephone number, facsimile number and email address;
  • a person’s credit card or bank account information and driver’s licence information;
  • a person’s occupation, job title, employer’s name and address; and
  • information provided to us by our clients for the purposes of engaging our public relations and related services, which may include e-mails, records, reports and other documents.

If you are an individual contractor to us or apply for a role with us, we may also collect information relevant to your engagement with us including qualifications, length of engagement, resume, current and former employment details, pay rate and salary, bank details, feedback from supervisors, training records and logs of your usage of our equipment (e.g. phones, computers and vehicles).

If you attend a premises we operate or manage, we may:

  • collect certain contact details that you provide to us (which may be via digital check-in apps), including the date and time of attendance, including so that we can comply with applicable laws (such as public health directives). If we collect such information to comply with a particular law, we will only use and disclose it in accordance with applicable laws; and
  • record your image and/or voice through the use of Closed-Circuit Television (CCTV) systems footage of you via our CCTV devices, for the purposes of managing security of the premises and health and safety of occupants and the public generally.

If you call us via telephone, we may monitor and in some cases record such telephone conversations for staff training, quality assurance and record-keeping purposes.

If we communicate with you by email, we may use technology to identify you so that it will be in position to know when you have opened the email or clicked on a link in the email.

We only collect sensitive information about you with your consent, or otherwise in accordance with the Privacy Act. In the ordinary course of business, the main types of sensitive information we may collect include:

  • details of injuries (i.e. health information) that may occur on our premises or arising through the use of our goods or services;
  • details of disabilities or allergies (i.e. health information) you notify us of so we can accommodate any special requirements when you attend our premises; and
  • details of a person’s membership of professional associations and affiliations with relevant industry bodies or organisations.

If you do provide sensitive information to us for any reason (for example, if you provide us with information about a disability you have), you consent to us collecting that information and to us using and disclosing that information for the purpose for which you disclosed it to us and as permitted by the Privacy Act and other relevant laws.

Means of collecting information
We may collect personal information in a variety of different ways including (without limitation):

  • directly from a person when that person provides information to us over the Internet using our website, email or any other form of electronic communication, over the telephone or facsimile, on
  • forms, questionnaires or surveys, and through correspondence posted by the person to us;
  • from third parties, such as our clients, related companies, credit reporting agencies or your authorised representatives;
  • from publicly available sources of information (including public posts or profiles on social media);
  • from our service providers identified below in “Information Use and Disclosure”; and
  • when legally required to do so.

Our clients engage us to provide public relations and related services, and may provide us with certain documents containing personal information about their employees and other individuals. We may receive certain personal information about you in this context.

We only collect personal information by lawful and fair means and not in an unreasonably intrusive manner. To the extent reasonable and practicable, we only collect personal information about a person directly from that person.

We may collect ‘de-identified information’ through the use of our website, including the dates and times a person accesses our website, the domains from which a person visits this website, a person’s activity on this website and Internet Protocol addresses. This information is referred to as ‘click stream data’ and we may use this data to analyse trends and statistics in order to improve this website and our services. We collect this data using various technologies, including ‘cookies’. A ‘cookie’ is a text file that this website sends to the browser used by a person which is then stored on that person’s computer as an anonymous tag that identifies that person’s computer, but not the person, to us. A person can set their browser to disable cookies. However, some parts of our website may not function properly, or at all, if cookies are disabled.

Some pages on our website and emails created by our website may also contain a ‘web beacon’. A web beacon is a clear-pixel image which enables us to monitor a person’s internet activity. When a person views a page containing a web beacon, a de-identified notice of the visit is generated which we may process. A web beacon generally works in conjunction with a cookie. If a person disables cookies, a web beacon will be able to generate an anonymous notice of the visit but which cannot be associated with the information contained in a cookie.

Information use and disclosure
In the ordinary course of business, we use and disclose personal information for the purposes described above in this privacy policy.

The types of parties that we may commonly share personal information with in the ordinary course of business include:

  • our consultants and professional advisors that provide our public relations and related services;
  • third party experts and consultants that we may engage as part of providing public relations and related services;
  • our service providers assisting in the provision of our services including (without limitation) our credit card processing service provider, payment collection service provider and website host;
  • our clients, where they have engaged us to collect or analyse information about an individual or individuals;
  • government agencies, regulators and other third parties that are relevant to the public relations and related services that we provide;
  • your authorised representatives;
  • other third parties where you have consented, or we are otherwise permitted, required or authorised by law.

Our clients engage us to provide public relations and related services, and may provide us with certain documents containing personal information about their employees and other individuals. We may receive certain personal information about you in this context.

Overseas disclosures
We are an Australian business, and we do not generally disclose personal information to overseas recipients in the ordinary course of business.

We may disclose personal information to overseas recipients on a case-by-case basis, where it is relevant to a particular services engagement – for example, where a client has asked us to advise on matters involving cross-border issues or overseas organisations or individuals.

Whenever we transfer your personal information outside of Australia, we will do so in accordance with the requirements of applicable privacy and data protection laws. We may disclose your personal information to overseas recipient without your consent where permitted by the Privacy Act (and, in such circumstances, we will comply with the applicable requirements of the Privacy Act in doing so).

Direct marketing
Like most businesses, marketing is important to our continued success. We therefore like to stay in touch with customers and let them know about new offers and opportunities. We may provide you with information about products, services and promotions either from us, or from third parties which may be of interest to you, where:

  • you have consented to us doing so; or
  • it is otherwise permitted by law.

You may opt out at any time if you no longer wish to receive direct marketing messages from us. You can make this request by contacting our privacy officer.

Employee information
This Privacy Policy does not apply to our acts and practices involving an employee record we hold which is directly related to a current or former employment relationship between us and the employee concerned other than an employee record containing health information.

We collect information in relation to employees as part of their application and during the course of their employment, either from them or in some cases from third parties such as recruitment agencies, referees, government bodies (e.g. police checks, if required) and academic and professional bodies (e.g. to validate details and currency of qualifications). Such information may include contact details, qualifications, resume, current and former employment details, pay rate and salary, bank details, feedback from supervisors, training records and logs of your usage of our equipment (e.g. phones, computers and vehicles).

Under the Privacy Act, personal information about a current or former employee may be held, used or disclosed in any way that is directly connected to the employment relationship. We handle employee information in accordance with legal requirements and our applicable policies in force from time to time.

Storage and Data security
We store personal information as either secure physical records, electronically on our intranet system, in cloud storage, and in some cases, records on third party servers, which may be located outside of the country in which you are using our website.

We use a range of security measures to protect the personal information we hold, including by implementing IT security tools to protect our electronic databases. We also have policies and procedures to manage and respond to breaches of data security. We will take reasonable steps to protect the personal information which we hold from misuse and loss and from unauthorised access, modification or disclosure.

We may need to retain records containing personal information to comply with record keeping obligations, and for other legitimate business purposes (such as quality assurance).

When using our website, a person should be aware that no data transmission over the internet can be guaranteed to be totally secure. We do not warrant the security of any information transmitted over the internet, although we use our reasonable endeavours to protect such information. By using our website, a person accepts that their information will be transmitted to and from our website at their own risk.

Privacy Policy Changes
We may change this Privacy Policy from time to time. Any changes to this Privacy Policy will be published on our website. A person may obtain a copy of our current privacy policy from our website or by contacting our privacy officer using the contact details below.

Access, correction and further information
We will provide a person with access to their personal information which we hold unless we are permitted under the applicable legislation to refuse to provide such access. We will take such steps as are reasonable to correct personal information we hold that is not accurate, complete and up to date or that is misleading.

On the rare occasions when we refuse access (which we will only do in accordance with applicable laws), we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to the personal information we hold about you.

We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing.

We will respond to all requests for access to or correction of personal information within a reasonable time.

You may contact our privacy officer using the contact details at the end of this document if you require:

  • access to any of your personal information we hold (where you cannot obtain such access using our website);
  • correction of any of your personal information we hold that you consider is not accurate, complete or up to date, or is misleading; or
  • further details about the manner in which we handle personal information.

Complaints
You may also contact our privacy officer using the contact details below if you believe we have breached the APPs and would like to make a privacy complaint.

We take all complaints seriously and will respond to your complaint in accordance with any applicable timeframes imposed by law and otherwise within a reasonable period. We request that you cooperate with us during this process and provide us with any relevant information that we may need.

If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:

Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
Telephone: 1300 363 992
Email: enquiries@oaic.gov.au

Privacy Officer contact details
Our privacy officer may be contacted by email at info@daymark.com.au or by telephone on 0438582919 during business hours.