Privacy Policy

Background

This Policy is made in accordance with the Privacy Act 1988 (Cth) and the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth). The current version of this Policy is available from the Privacy Officer upon request.

This Policy may be updated, amended or revised from time to time by SIHQ and by continuing to interact with or receive services from SIHQ you will be deemed to have accepted the terms of any updated, amended or revised policy.

Collection, use, disclosure and storage of Personal Information by SIHQ is governed by this Policy and any person whose Personal Information is collected, used, disclosed or stored by SIHQ agrees to the terms of this Policy.

2. Definitions and Interpretation

2.1. In this Policy, the following words have the corresponding meaning:

(a) “Clause” means a clause in this Policy;

(b) “Direct Marketing” means the use or disclosure of Personal Information for the purposes of communicating directly with an individual to promote goods or services;

(d) “Enforcement Body” means an enforcement body as defined in section 6 of the Act;

(e) “Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(i) whether the information or opinion is true or not; and

(ii) whether the information or opinion is recorded in a material form or not;

(f) “Privacy Officer” means the SIHQ employee who is responsible for overseeing privacy for SIHQ, presently Joel Anderson;

(g) “Policy” means this privacy policy as amended from time to time;

(h) “Pseudonym” means a name, term or descriptor that is different to an individual’s actual name;

(i) “SIHQ” means SIHQ Australia Pty Ltd (ACN 615 400 612)

(j) “Sensitive Information” has the same meaning as in the Act; and

(k) “the Act” means the Privacy Act 1988 (Cth).

2.2. In this Policy, the following rules of interpretation apply:

(a) a reference to the singular includes the plural and conversely;

(b) where a word or phrase is defined, its other grammatical forms have corresponding meanings;

(d) a reference to any agreement or document is to that agreement or document as amended, novated, supplemented, varied or replaced from time to time, except to the extent prohibited by this Agreement;

(e) a reference to any legislation or to any provision of any legislation includes any modification or re-enactment of it, any legislative provision substituted for it and all regulations and statutory instruments issued under it; and

(f) mentioning anything after include, includes or including does not limit what else might be included.

Purpose

3.1. This Policy is intended to inform the community including, in particular, those persons whose Personal Information SIHQ holds, of SIHQ’s approach to collecting, using, disclosing and protecting the Personal Information that SIHQ collects.

3.2. SIHQ considers that protecting Personal Information is important and SIHQ takes the right to privacy seriously

Collection

4.1. Subject to clause 4.2 when dealing with SIHQ, you may ask to not identify yourself or not use or disclose, or not let SIHQ use or disclose, your Personal Information. Alternatively, when dealing with SIHQ, you may use a Pseudonym, and require SIHQ to use a Pseudonym when dealing with you, in lieu of providing your Personal Information.

4.2. You acknowledge and accept that SIHQ cannot practically provide services to a person who wishes to engage SIHQ but who is not prepared to provide his or her Personal Information. You acknowledge and accept that for SIHQ to perform or provide you with services, your Personal Information must be provided and must be correct and up to date so as to enable SIHQ to verify your identity and provide such services.

4.3. SIHQ collects Personal Information about you in order to provide its services to you and only where it is reasonably necessary to its functions and activities. SIHQ may collect Personal Information such as your name, date of birth, contact details, driver’s licence details, employment details, financial information (such as bank account numbers), security clearances, police checks and information about how you use SIHQ’s services.

4.4. The full details of the Personal Information SIHQ collects can be found in the questions that SIHQ asks and in the forms you have completed during your involvement with SIHQ. Personal Information and Sensitive Information may also be collected by SIHQ by accessing, developing or building programs or software for you.

4.5. In some situations SIHQ may need to collect Personal Information about you from a third party including but not limited to collecting such information from human resource data management systems. If SIHQ needs to collect Personal Information about you from any third party not mentioned in this Policy SIHQ will first endeavour to obtain your consent. If that is not possible SIHQ Pty Ltd Technology will only obtain your Personal Information from a third party if that is necessary for us to do our job or comply with laws or regulations. In any event, SIHQ will inform you and will use such Personal Information only in accordance with this Policy.

4.6. If SIHQ receives Personal Information about you from any third party not mentioned in this Policy which is information SIHQ did not request, SIHQ will determine whether it is entitled to collect that information and:

(a) if SIHQ is not entitled to collect the Personal Information – SIHQ will destroy or de-identify the Personal Information;

(b) if SIHQ is entitled to collect the Personal Information – SIHQ will deal with the Personal Information in accordance with this Policy.

4.7. SIHQ will take any reasonable steps to ensure that the Personal Information collected about you is accurate, current and complete.

4.8. If you provide SIHQ with another person’s Personal Information, you guarantee that you have that person’s consent to disclose such information and have informed that person of the existence of this Policy.

4.9. Except as permitted under the Act, SIHQ will only collect Sensitive Information about you with your consent and for purposes including, but not limited to, your employment with SIHQ or where relevant to your matter with SIHQ.

For the purpose of providing services to a client, for example developing applications, SIHQ might collect Sensitive Information. If you provide SIHQ with Sensitive Information about any person, you guarantee and warrant that you have that person’s consent to disclose to SIHQ such information. You further warrant that you have informed that person of the existence of this Policy and that SIHQ may collect such information where required or reasonable to perform the services.

Storage of Information

5.1. Subject to Clause 7 below, all of the Personal Information held by SIHQ about you is held on secure AWS servers in Sydney, Australia. Information may be stored in hard copy or electronic format in facilities that SIHQ owns and operates itself, or that are owned or operated by SIHQ’s service providers.

5.2. Only authorised SIHQ personnel, contractors and Employees only ourselves may access your Personal Information and only for the purposes set out in this Policy.

5.3. SIHQ will take reasonable steps to maintain the security of your Personal Information; however you should be aware of the many information security risks that exist and take appropriate care to safeguard your Personal Information.

5.4. SIHQ will take all reasonable steps to protect Personal Information from:

(a) misuse, interference and loss; and

(b) unauthorised access, modification or disclosure.

5.5. Once SIHQ no longer has a need for your Personal Information SIHQ will either destroy or de-identify it, unless:

(a) the Personal Information is part of a Commonwealth record; or

(b) SIHQ is required by law or Court order to retain the Personal Information.

5.6. SIHQ will retain, securely and confidentially, Personal Information for at least 5 years in accordance with any record keeping obligations SIHQ may be required to comply with from time to time.

Use and Disclosure

6.1. SIHQ may use or disclose your Personal Information in order to:

(a) manage and administer the services it provides to you;

(b) enable third parties engaged by SIHQ to provide services on SIHQ’s behalf;

(d) charge you for the services SIHQ provides and collect any amounts you may owe to SIHQ, including any debt recovery action; and

(e) ensure that SIHQ’s internal business operations are running smoothly including any reporting or legal requirements it may be required to fulfil.

6.2. SIHQ may also make ancillary use of your Personal Information for purposes other than those described above where:

(a) you would reasonably expect SIHQ to use or disclose the information;

(b) you have consented to SIHQ’s ancillary use or disclosure of your Personal Information; or

6.3. SIHQ is not likely to disclose Personal Information to an overseas recipient unless you have requested or consented for SIHQ to do so.

6.4. SIHQ will only disclose your Personal Information to an overseas recipient where:

(a) SIHQ has taken reasonable steps to ensure that your Personal Information will only be used or disclosed in accordance with this Policy;

(b) SIHQ believes that the overseas recipient is subject to laws which would protect your Personal Information in a substantially similar way to this Policy;

(d) the use or disclosure is authorised by the Act, any other Australian law or Court order.

Accuracy and Collection

7.1. SIHQ will take all reasonable steps to ensure the accuracy of your Personal Information, however it is your responsibility to ensure that Personal Information you provide to SIHQ is accurate, up to date and complete.

7.2. SIHQ will correct Personal Information if it is satisfied that the information is inaccurate, out of date, incomplete, irrelevant or misleading having regard to the purpose for which the information is held.

7.3. SIHQ will correct or update your Personal Information if you request that SIHQ do so.

Direct Marketing

8.1. Where SIHQ has collected your Personal Information directly from you, SIHQ will only use or disclose your Personal Information for the purposes of Direct Marketing if:

(a) you would reasonably expect that your Personal Information would be used for the purposes of Direct Marketing; and

(b) you have not advised SIHQ that you do not want your Personal Information to be used for the purposes of Direct Marketing.

8.2. SIHQ may use or disclose your Personal Information for the purposes of Direct Marketing if required to do so under the terms of a contract with a Commonwealth Department.

8.3. This Clause 8 is subject to the operation of other Direct Marketing legislation including the Do Not Call Register Act 2006 (Cth) and the Spam Act 2003 (Cth).

Access to Personal Information

9.1. You may request access to the Personal Information that SIHQ holds about you and you may ask SIHQ at any time to correct it where you believe it is incorrect or out of date. SIHQ will not charge a fee for accessing or correcting your Personal Information.

9.2. To access Personal Information that SIHQ holds about you, or to obtain more information about your rights or SIHQ’s Policy, please contact the SIHQ Privacy Officer at:

SIHQ

G10 ‘Quayside, 50 Eastlake Parade,

Kingston, ACT, 2604

Email: Joel@sihq.com.au

Hackers and Spammers

10.1. SIHQ will attempt to ensure its website and method of storing the Personal Information and Sensitive Information held by SIHQ is a hack and spam free system by keeping up to date with web technology and integrating the latest in web security to our website. Internet hackers and spammers constantly invent new back door solutions to evade security measures and accordingly SIHQ cannot guarantee against hackers or spammers.

Complaints

11.1. If you believe that your privacy rights have been breached by SIHQ, you may lodge a complaint with SIHQ directly by contacting the SIHQ Privacy Officer. The SIHQ Privacy Officer will then review your complaint, decide what (if any) corrective action is required and then reply to you within a reasonable time from receipt of your complaint.

11.2. SIHQ will use reasonable endeavours to resolve your complaint without needing to involve third parties, but you may be able to lodge a complaint with a relevant regulator, such as the Australian Information Commissioner (www.oiac.gov.au).

Website Privacy Policy

12.1. SIHQ, through its website hosts, records visits to the website and logs the following information for statistical purposes: the user’s server or proxy address, the date/time/length of the visit and the files requested. The information is used to analyse our server traffic.

12.2. No attempt will be made to identify users or their browsing activities except where authorised by law. For example in the event of an investigation, an Enforcement Body may exercise its legal authority to inspect the internet service provider’s logs.

12.3. If you send SIHQ an email message SIHQ will record your contact details and this information will only be used for the purpose for which you have provided it. SIHQ will not use your email for any other purpose and will not disclose it without your consent. When users choose to join a mailing list their details are added to that specific mailing list and used for the stated purpose of that list only.

12.4. From time to time SIHQ may use cookies on the website. Cookies are small pieces of information exchanged between your web browser and SIHQ’s website.