Privacy

Privacy

PRIVACY

Training Agents Australia Pty Ltd Trading as Under the Hammer, as a Registered Training Organisation, has made its Privacy Policy clearer to reflect recent changes to Australian Privacy Laws and to ensure we are committed to and compliant with the Australian Privacy Principles (APPs) which came into effect on 12 March 2014.

Under the Hammer complies with the Privacy Act 1988 (Commonwealth) and subsequently in accordance with the thirteen Australian Privacy Principles in Schedule 1 of the Privacy Amendment (Enhancing Privacy Protection) Act 2012, the 13 Australian Privacy Principles, that govern standards, rights and obligations around:

– The collection, use and disclosure of personal information
– An organisation or agency’s governance and accountability
– Integrity and correction of personal information
– The rights of individuals to access their personal information.

Under the Hammer is committed to protecting the privacy of your personal information and we treat any information collected and retained with respect and importance.

Our Privacy Policy explains how we handle your personal information, including how it is used and potentially disclosed, how it is stored and secured, and additionally how you can access and update your personal information.

This policy only applies to our databases and files and does not cover any State, Territory or Commonwealth Government database or file. You are advised to contact the relevant government agency for a copy of their privacy policy.

Personal Information is defined in the Privacy Act 1988 to mean “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. Sensitive Personal Information is defined in the Privacy Act 1988 to mean “information or an opinion about an individual” that is also personal information, such as:

– Racial or ethnic origin;
– Political opinions;
– Membership of a political association;
– Religious beliefs or affiliations;
– Philosophical beliefs;
– Membership of a professional or trade association;
– Membership of a trade union;
– Sexual orientation or practices;
– Criminal record.

Why we collect personal information

We collect personal information in order to provide clients with access to our training and associated services, so we can better understand how we can improve our provision of services now and into the future.  We collect personal information from staff members and prospective staff members, in order to fulfil normal conditions of employment, including character and reference checking and to meet state-based licensing requirements and national regulatory compliance guidelines. Additionally, a large component of what we do as a Registered Training Organisation (RTO) requires us to collect personal information for mandatory statistical data as prescribed by government regulators.

To be clear though, people have the right not to provide us with personal information if they so choose, but if they decline to provide personal information, unfortunately we may not be able to:

– Provide the product or service requested,
– Enter into a business relationship with; or
– Provide people with employment.

Under the Hammer will only collect personal information that is required for the purposes of education, or in meeting government reporting requirements and it will only be used for the specific purposes for which it was collected.

Under the Hammer ensures that personal information is managed in a transparent way; take reasonable steps to implement practices and procedures that will facilitate dealing with enquiries or complaints from individuals regarding compliance with the Australian Privacy Principles (APPs); ensure that it maintains an up-to-date policy about the management of personal information; ensure that Under the Hammer Privacy Policy contains the following information:

– The kind of information that is collected and held.
– How the information is collected and held.
– The purposes for which information is collected, held, used and disclosed.
– How an individual may access their personal information that is held by Under the Hammer and seek correction of such information as necessary;
– How the individual may make a complaint about a breach of the APPs and how Under the Hammer will deal with such a complaint.

Under the Hammer will respect that individuals may not wish to identify themselves when making enquiries on Under the Hammer’s products and services however, full personal details will be required (legal obligation) and for identification purposes from students.

Collection of Personal Information

Under the Hammer will not collect personal information from you unless that information is necessary for one or more of its functions, or activities or is required by law. Under the Hammer advises that it is required by law to collect, hold, and use and supply personal information, in accordance with the National VET Provider Collection Data Provision Requirements.

Under the Hammer will take reasonable steps at or before the time of collection to ensure you are aware of:

– Who we are and how to contact us;
– How to gain access to your own information;
– The purpose for which the information is being collected;
– Any organisation to which we would normally disclose information of that kind;
– Any law that requires particular information to be collected;
– And the main consequences for the individual if all or part of the information is not provided.

What types of information do we collect in general?

So we can provide our range of services, we may have to collect personal information deemed necessary for us to supply people with the service they have requested or to provide employment opportunities for prospective staff.

– Under the Hammer collects information from you in the following ways:
– When you register your interest online, apply for enrolment, request certain services or products, or otherwise contact or do business with us.
– Information may be collected from enrolment forms, certified documents, telephone calls, emails, letters sent by you.
– Information may be collected from third parties, such as other training providers, regarding confirmation of training and ongoing professional development that you have attended, as permitted by you.

No sensitive information will be collected without a person’s express consent.

Should Under the Hammer collect information about you from a third party we will take reasonable steps to ensure that the individual is or has been made aware of the matters listed above except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual.

Dealing with Personal Information

Under the Hammer will not use or disclose personal or sensitive information for any purpose other than what it was collected for, unless the relevant person has provided written consent to use or disclose that information in circumstances that are different to those for which it was collected. The circumstances where an exception may occur are:

– Where the use or disclosure of this information is required or authorised by, or under, an Australian law or a court/tribunal order;
– The individual would reasonable expect Under the Hammer to use or disclose the information for the secondary purpose;
– A permitted health situation exists in relation to the use or disclosure of the information by Under the Hammer ;
– A permitted general situation exists in relation to the use or disclosure of the information by Under the Hammer ;
– Under the Hammer 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.
– Under the Hammer collects your personal information so as to:
– Process applications; manage your enrolment;
– Record and maintain your details;
– Administer training programs;
– Record and maintain details of your ongoing training and assessment;
– Provide you with details regarding student services, benefits, and training opportunities;
– Notify you about upcoming events and opportunities;
– Gain feedback from you;
– Communicate with you; and
– Report to relevant authorities as required by law.

What information do we collect using technology?

Our website is designed to provide useful information in relation to our services and events. To track the use of our website and to continually develop it to meet client needs, we may collect information about who has accessed our site and which pages were viewed so as to determine overall use patterns. We only use such information collected for statistical purposes and do not attempt to identify individual users.

As part of this we may use ‘cookies’. Cookies are used to track information about users of a website. They do not contain any information that could identify people individually; they identify a computer to our servers. People may set their browser to refuse cookies if they do not wish to allow their use. Some areas of our website may not perform properly if cookies are not accepted.

Use and disclosure of personal information

We will make every effort to ensure that personal information remains confidential and secure and is only used for the primary purposes outlined in this document and only for any secondary purposes that people have been made aware of and have agreed to.

Under the Hammer will not disclose, reveal, sell, share or pass personal sensitive information onto a third party, without express permission. Under the Hammer does not sell its mailing lists to third parties for marketing purposes.

In some specific instances however, information will need to be passed to a third party, these include:

– Australian Skills Quality Authority (ASQA)
– Department of Education
– Department of Social Services
– State Departments of Education
– The National Centre for Vocational Education Research (NCVER)
– State based licensing authorities
– Previous employers for the purpose of reference checking
Under the Hammer is required by law (Student Identifier Act) to collect, maintain and report to relevant Government agencies the individual’s Unique Student Identifier (USI) number in accordance with the National VET Provider Collection Data Provision Requirements; will not disclose the Unique Student Identifier (USI) number for any other RTO

– Purpose, including on any Certification documents you receive; and
– Must not adopt the Unique Student Identifier (USI) number as its own
If required to do so, we may disclose personal information to law enforcement authorities when required or authorised under an Australian law or a court/tribunal order, or where it is reasonable to do so if there has been a threat to life or we believe a criminal act or unlawful activity has been committed. We may also disclose information if a permitted health condition exists or a health condition eventuates that may require emergency medical care.

When dealing with requests for access to personal information

Under the Hammer will:

– Respond to request for access within 7 days of the request, if from an individual, and within a reasonable time, if the request is from an organisation; and
– Provide access to the information in the manner requested, if it is reasonable and practicable to do so.
– Under the Hammer does not charge a fee to access personal information. The exception is re-prints of certification documentation previously supplied.
– With regard to the correction of personal information held, should Under the Hammer:
– Be satisfied that information is inaccurate, out of date, incomplete, irrelevant or misleading, Under the Hammer will take such steps as reasonable to correct the information to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading;
– Refuse to correct information, Under the Hammer will give written notice to the individual that sets out:

Government related identifiers

Under the Hammer does not adopt or disclose a government related identifier of an individual as its own identifier, unless we are authorised by law and prescribed by regulations to do so.

In the course of our provision of services as a Registered Training Organisation (RTO), we may use a government related identifier, for example, Under the Hammer uses contracted training staff who operate as sole traders and we will collect an Australian Business Number (ABN) for the purpose of contracting services.

We may also need to collect government related identifiers, such as a Medicare Card number, passport details or a driver’s licence in order to fulfil our obligations under Federal Law in the conduct of our operations as a Registered Training Organisation (RTO).

Management of personal information and its ‘Quality’

Under the Hammer endeavours to ensure personal information is accurate, up to date, complete and relevant. We will as a matter of course, routinely update personal information in our Student Management System.

We invite previous clients to keep their contact details up to date by requesting this through our online email contact at  enquiries@underthehammer.net.au and internal policy prescribes that anytime we contact a former client, we will ask if personal information is up to date and accurate. Under the Hammer does not charge a fee for accessing or correcting personal data.

Retention and disposal of information and information security

Personal information is held at Under the Hammer in electronic format. We take all reasonable steps to protect personal information from misuse, loss and from unauthorised access or disclosure.

Information is retained:

– In our Student Management which hosts data externally with a third party and is secured in alignment with Commonwealth standards. The system is encrypted accordingly and secured with personalised user account passwords.
– Periodically on Under the Hammer’ systems and databases which are secured with individual user account passwords and user access privileges.
– Under the Hammer adopts a clear desk policy at close of business for documents containing personal information.

We will retain personal information for as long as we are required to do so to conduct business activities in line with Commonwealth legislation or other legal requirements. This may include the retention of some personal information for up to 30 years. As soon as personal information or components of it are no longer required, and it is lawful to do so, Under the Hammer will take all reasonable steps to destroy and/or de-identify the information.

Complaints

If you have a complaint or concern about the way Under the Hammer is managing your personal information, you should direct this in writing to “Under the Hammer enquiries@underthehammer.net.au   or via post to:

The Manager

Under the Hammer

503/77 Dunning Avenue

Rosebery NSW 2018

We will provide a response within 7 business days of receiving the grievance. If you do not receive a reply within this timeframe, please contact the Under the Hammer’s Manager on 1800 220 969

Contact Information

For all other privacy related enquiries, students are to contact Under the Hammer Administration at: 1800 220 969 or enquiries@underthehammer.net.au

Further information on legislation and the APP’s navigate to:

https://www.oaic.gov.au/privacy-law/privacy-act/australian-privacy-principles