LINX Cargo Care Group (LINX CCG) is required to comply with the Australian Privacy Principles (APP’s) as set out in the Privacy Act 1988 (Cth) as amended and the New Zealand Privacy Principles (NZPP’s) as set out in the Privacy Act 2020 as amended.
This policy sets out how LINX CCG (and its related companies) (“we/us”) collects, uses, stores, manages and discloses your personal information.
Additional information in relation to the APP’s and NZPP’s can be found on the website of the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au and the New Zealand Privacy Commissioner (NZPC) website located at www.privacy.org.nz.
2. Scope & Application
This policy is applicable to personal information collected by us from people who are connected to our operations and activities, including, but not limited to, our suppliers, customers, contractors and other personnel engaged by LINX CCG (“you/your”). Personal information is provided to us in a number of different ways. For example, we may receive personal information as a result of your use of our website or by your use, or prospective use of, our services.
This policy will be reviewed periodically to ensure that it is keeping abreast with legislative requirements and current workplace practices. Your continued provision of personal information to us, including by way of use of our website, services or otherwise, constitutes your acceptance of this policy and any revision of the policy that is published on our website.
Notwithstanding this policy, we may rely on certain provisions of privacy laws to collect, store and use personal information in a manner consistent with those laws.
3. What is personal information?
Personal information means information or an opinion that can identify you as an individual, or from which your identity can reasonably be ascertained. It does not matter whether the information or opinion is true or not, or whether it is recorded in a material form.
4. What kind of personal information do we collect and hold?
The kind of personal information that we collect and hold will depend on our relationship with you.
Generally, the kind of information that we collect and hold includes the following:
- your contact details including your name, address, telephone number, date of birth, email address, gender, driver licence no., emergency contacts;
- information relating to your organisation and your title;
- your bank account details;
your medical and health information including drug and alcohol testing conducted by our consultants/third parties;
- information about your qualifications, experience and screening checks (including but not limited to health, background, eligibility, criminal etc.);
- your union or professional/trade association memberships;
- information arising from the investigation of incidents and allegations of wrongdoing including witness statements;
- your image via CCTV footage where you have attended our premises;
- when you visit our website, the server address, domain name, date and time of your visit and pages visited in addition to any information directly provided by you; and
- location information from mobile devices supplied by us.
Some of the information that we collect and hold described above is classified as sensitive information. Sensitive information about you will not be collected unless we have received your consent and the information is reasonably necessary to allow us to undertake our business functions and activities.
5. How do we collect your personal information?
We endeavour to collect personal information from you directly. Where this is not reasonably practicable, we may collect information about you from third parties where we reasonably believe that you have consented to these sources collecting and disclosing the information. Such third parties may include:
- our contractors and service providers;
- publicly available sources;
- government agencies; and
- representative/s authorised by you.
Generally, information is collected by us verbally, by email, in writing, through our website and by the monitoring of our other business devices. We may operate video and audio surveillance devices in our premises (e.g. CCTV).
Personal information is stored in our systems (and those of our services providers) both electronically and in paper form.
The security of your information is important to us, and we take reasonable steps to protect it from misuse, unauthorised access, modification or disclosure. For example, we use electronic security systems including firewalls and encryption.
6. How do we use your personal information?
We collect, hold, use and disclose personal information that is reasonably necessary to allow our organisation to function and perform its activities. or that we are otherwise permitted to collect, hold, use and disclose by law.
For example, we may use your information for the following purposes:
- to provide, administer and improve our products and services;
- to discuss our service offerings with you;
- verify your details;
- to maintain and update our records;
- to manage our relationship with you;
- to protect our lawful interests;
- in connection with suspected fraud, misconduct and unlawful activity under specific Australian legislation and relevant specific New Zealand legislation;
- in connection with acquisitions or potential acquisitions of our business;
- to provide you with publications and invitations based on the areas of interest or mailing lists that you subscribe to (if any);
- to manage relationships with third parties; and/or
- to gather information about our website visitor trends.
7. Will we disclose your information?
We may exchange your personal information with:
- our shareholders and other companies within our group;
- your representatives;
- contractors and service providers which assist us with share registry, archival, auditing, accounting, customer contact, legal, business consulting, banking, payment, delivery, data processing, data analysis, information broking, recruitment providers, external communications, research, investigation, website and technology services;
- additional service providers including providers of payroll, superannuation, banking, staff benefits, surveillance and training services;
- joint venture partners for the purposes of seeking any relevant regulatory approvals;
- third party lenders and our insurers;
- commission and other government agencies as required by law;
- solicitors and other parties where we are subpoenaed to provide such information; and
- anyone authorised by you to whom personal information relates.
8. How can you access your personal information?
Subject to certain exceptions, we will provide access to your personal information, upon written request by you.
If you wish to access your personal information, please write to:
Senior Legal Counsel
LINX Cargo Care Group 12/335 Hillsborough Road Warners Bay NSW 2282
Attention: Senior Legal Counsel
Where we hold personal information that you are entitled to access, we will provide you with a means of accessing it within a reasonable period from when we receive your written request. We reserve the right to charge a reasonable fee in consideration of the resources required to provide you with access to your personal information.
We will provide you with a written notice of any refusal to grant access to your personal information, where you have made such a written request.
9. How can you correct your personal information?
Reasonable steps are taken to ensure that your personal information is accurate, complete and up- to-date whenever we receive or use it.
If you consider that personal information that we hold about you is inaccurate, incorrect, out-of- date, incomplete, irrelevant or misleading, you can write to us and request that we correct that personal information. Correspondence should be directed as set out in clause 8 above.
If we do not agree that your personal information requires correction, we will write to you and inform you of the reasons why. In these circumstances, you may ask that we note your views about what the correct information is.
10. What do you do if you have a complaint?
If you have any concerns about the way that we have handled your personal information or any request relating to your personal information, please lodge a complaint with Senior Legal Counsel using the contact details set out in clause 8. Please provide your name, contact number, email address and the details of your complaint (including supporting evidence (if any)).
We take complaints seriously and our Senior Legal Counsel will investigate all complaints and will respond in writing within a reasonable time of receipt of your complaint. Our Senior Legal Counsel will inform you in writing about the outcome of the investigation.
If our Senior Legal Counsel does not resolve your complaint to your satisfaction and no other complaint resolution procedures are agreed or required by law, your complaint may be referred to the OAIC or the NZPC (as applicable) for further investigation.
11. Will your personal information be disclosed to overseas recipients?
Whilst we are principally based in Australia and New Zealand, our shareholders and some of our service providers have offices that are located overseas. We endeavour to ensure that any third parties who have access to personal information and are located overseas, are aware of the requirements of the APP’s and NZPP’s and where possible, deal with that information in accordance with the APP’s and NZZP’s. Notwithstanding these measures, we cannot guarantee that personal information sent overseas will be subject to a similar level of protection as it is in Australia and New Zealand.
12. Direct Marketing Communications
We might send you direct marketing, communications and information about our services that we consider may be of interest to you. These communications may be sent in various forms including mail and email in accordance with the relevant legislation. If you indicate a preference for a particular method of communication, we will endeavour to use that method where practical to do so. If you wish to opt-out of receiving marketing communication, please contact us using the details set out in clause 8 above.