Introduction
1 This APP Privacy Policy of Baybrick Pty Ltd and its subsidiaries which includes JBS Australia Pty Ltd and the Primo group (collectively and individually “JBS”) is JBS’ official privacy policy as required by the Privacy Act 1988 (the “Act”) and the Australian Privacy Principles (the “APPs”) and it applies to all personal information (including sensitive information) about individuals collected by JBS.
2 In this policy we explain how and why we collect personal information (including sensitive information) about individuals, how we use it, and what controls individuals have over our use of it.
3 JBS is committed to complying with Commonwealth legislation (the Act and the APPs) that deals with how businesses may collect, hold and use personal information (including sensitive information) about individuals and to protecting and safeguarding the privacy of individuals when they deal with us.
Collection of information
4 Some information provided to us by suppliers, customers and other parties might be considered private, personal or sensitive. However, without such information we would not be able to carry on our business and provide our services. We will only collect such personal and/or sensitive information if it is necessary for one of our functions or activities.
5 Sensitive information is a subset of personal information and is defined as information or an opinion (which is also personal information) about an individual’s: 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 preferences or practices; criminal record; or health information.
6 JBS may collect sensitive information about certain individuals in connection with activities and services of JBS.
7 Prior to the collection of sensitive information about an individual, JBS will ensure that the individual is adequately informed as to the reason for the collection of the sensitive information and that the individual has the capacity to understand and communicate their consent and that the consent is voluntarily given by the individual.
8 If the individual is under the age of 18 years old, JBS will only collect sensitive information about the individual if the individual’s Legal Guardian/s has/have provided their express written consent on behalf of the individual.
9 The kind of personal and/or sensitive information that JBS may collect and hold in respect of individuals includes:
• names;
• contact details and identification information including video and/or photo identification;
• age;
• gender;
• ethnicity;
• nationality;
• academic history;
• employment history;
• health information including: details of any medical conditions or disabilities; prescribed medications; prescribed therapies; assistance required; medical procedures; injury reports, etc.
• Medicare information;
• financial information, including information about transactions and trading history with JBS;
• information about credit history;
• Tax File Number; and
• criminal history.
10 In particular, personal and/or sensitive information is collected in the following situations by JBS:
• if an individual completes an Application for Employment, Pre-Employment Medical form, or any other form required to be completed by an individual to enable and/or facilitate services and/or employment to be provided by JBS;
• health information provided by the individual to enable and/or facilitate services or employment to be provided by JBS;
• if an incident occurs on a JBS site or in relation to a JBS service or product that requires investigation;
• if an individual contacts JBS, we may keep a record of that communication or correspondence;
• when applying for and/or establishing and/or accessing an account with us or ordering products or services from us;
• when conducting certain types of transactions such as cheque or credit card purchases or refunds;
• when an individual submits their contact details to be included on our mailing lists;
• when an order is placed with us to purchase goods we may require individuals to provide us with contact information including name, address, telephone number and/or email address and financial information (such as credit card details) for the purposes of processing and fulfilling such an order;
• where CCTV Footage is recorded at JBS’ premises.
11 At or before the time the personal and/or sensitive information about an individual is collected by us, JBS will take reasonable steps to ensure that the individual is made aware of who we are, the fact that the individual is able to gain access to the information held about the individual, the purpose of the collection, the type(s) of organisations to which we may usually disclose the information collected about the individual, any laws requiring the collection of the information and the main consequences if all or part of the information is not collected.
12 JBS will usually collect personal and/or sensitive information about an individual directly from the individual. However, sometimes we may need to collect personal and/or sensitive information about individuals from third parties for the purposes described below in this policy. The circumstances in which we may need to do this include, for example, where we need information from a third party to assist us to process an application or an order (such as to verify information an individual has provided or to assess the individual’s circumstances) or to assist us to locate or communicate with the individual. In such circumstances where the information we may need to collect is sensitive information, we will only collect such information with the express consent of the individual or their Legal Guardian.
Use of information collected and disclosure of personal and/or sensitive information to others
13 JBS may use or disclose personal and/or sensitive information held about an individual as permitted by law and for the business purposes for which it is collected (e.g. provision of our services, including administration of our services, notifications about changes to our services, record-keeping following termination of our services and technical maintenance) – that is, to carry on our business and provide services to our customers. We may also use such information about individuals for a purpose related to the primary purpose of collection (in the case of sensitive information, the related purpose must be directly related to the primary purpose) and where the individual would reasonably expect that we would use the information in such a way. This information is only disclosed to persons outside our business in the circumstances set out in this policy or as otherwise notified at the time of collection of the information.
14 JBS’ business purposes for which personal and/or sensitive information is collected, used and disclosed may include:
• processing an application or employment form or service request (including verifying a person’s identity, health information, employment history, assistance required);
• processing an application or product order or service request;
• managing our products and services or other relationships and arrangements, including processing receipts, payments and invoices;
• assessing and monitoring credit worthiness;
• detecting and preventing fraud and other risks to us and our customers;
• responding to inquiries about applications, accounts or other products, services or arrangements;
• understanding our customers’ needs and developing and offering products and services to meet those needs;
• researching and developing our products and services and maintaining and developing our systems and infrastructure (including undertaking testing);
• ensuring workplace health and safety and productivity of employees at JBS’ workplace premises;
• dealing with complaints;
• meeting legal and regulatory requirements. Various Australian laws may expressly require us to collect/and or disclose personal information about individuals, or we may need to do so in order to be able to comply with other obligations under those laws;
• enforcing our rights, including undertaking debt collection activities and legal proceedings.
15 In addition we are permitted to use or disclose personal and/or sensitive information held about individuals:
• where the individual has consented to the use or disclosure and, in the case of personal information, that is not sensitive information, is related to the primary purpose for which the information was collected and, in the case of sensitive information, a use or disclosure is directly related to the primary purpose for which the sensitive information was collected;
• where the individual has consented to the use or disclosure;
• where we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious, immediate threat to someone’s health or safety or the public’s health or safety;
• where we reasonably suspect that unlawful activity has been, is being or may be engaged in and the use or disclosure is a necessary part of our investigation or in reporting the matter to the relevant authorities;
• where such use or disclosure is required under or authorised by law (for example, to comply with a subpoena, a warrant or other order of a court or legal process);
• where we reasonably believe that the use or disclosure is necessary for prevention, investigation, prosecution and punishment of crimes or wrongdoings or the preparation for, conduct of, proceedings before any court or tribunal or the implementation of the orders of a court or tribunal by or on behalf of an enforcement body.
• where a customer (being the individual or related to the individual) has requested a service to be provided by us and we are required to disclose the information to a third party in order to facilitate the provision of the service. In most, if not all cases, any such disclosure will be with the consent of the individual.
16 Third parties to whom we may disclose personal and/or sensitive information about individuals in accordance with JBS’ business purposes and activities set out above and in accordance with JBS’ obligations under the Act may include:
• JBS’s legal advisors;
• IT service providers;
• any applicable parent(s) or legal guardian, to assist us to provide our services to the individual or on the individual’s behalf, including to inform of progress or to discuss any concerns;
• Australian Apprenticeship Centres;
• Government Departments and Agencies;
• employment Services Sites;
• regulatory bodies in Australia;
• financial advisors;
• participants in financial and payment systems, such as other banks, credit providers, and credit card associations;
• guarantors and security providers associated with individuals;
• debt collectors;
• cloud information storage providers;
• credit reporting bodies and other information providers.
Anonymity and Pseudonymity
17 Individuals have the option of dealing with JBS anonymously. However, this only applies where is not impracticable for JBS to deal with individuals acting anonymously or under a pseudonym. For example, individuals making general enquiries of JBS may do so anonymously or under a pseudonym. However, if the dealing with JBS is for JBS to supply goods and services and/or to enter into contractual relations then it is impractical for individuals to deal with JBS on an anonymous basis or under a pseudonym.
Direct Marketing
18 As part of JBS’ functions and business activities and to promote the services we can provide to our customers, JBS may use personal information that individuals have provided to JBS for the purposes of direct marketing. Direct marketing includes, but is not limited to, sending to our customers and other parties (including individuals) and/or contacting our customers (including individuals) in relation to promotions and information about JBS. Recipients of direct marketing are always able to opt out of receiving direct marketing communications by responding to the communication or following the directions contained therein to unsubscribe. In any direct marketing communication we remind recipients of their right to opt out of receiving direct marketing communications.
19 JBS will only use or disclose sensitive information for the purpose of direct marketing, if the individual has provided express consent to the use or disclosure for that purpose.
Links
20 JBS’ web site may contain links to other web sites and those third party web sites may collect personal information about individuals. We are not responsible for the privacy practices of other businesses or the content of web sites that are linked to our web site. JBS encourages users to be aware when they leave the site and to read the privacy statements of each and every web site that collects personally identifiable information.
Security and storage
21 JBS places a great importance on the security of all information associated with our customers and clients and others who deal with us. We have security measures in place to protect against the loss, misuse and alteration of personal and/or sensitive information under our control. JBS takes all reasonable steps to protect personal and/or sensitive information that is under JBS’ control from misuse, interference, loss and/or unauthorised access, modification or disclosure. All personal and/or sensitive information held is kept securely and that which is held electronically is held on secure servers in controlled facilities.
22 Personal and/or sensitive information is de-identified or destroyed securely when no longer required by us.
23 JBS retains information provided to us including individuals’ contact and financial and transactional information to enable us to verify transactions and customer details and to retain adequate records for legal and accounting purposes. Such information is held securely, including on secure servers in controlled facilities.
24 Information stored within our computer systems or by our agents who provide electronic storage facilities can only be accessed by those entrusted with authority and computer network password sanctions. JBS has taken all reasonable steps to ensure the security of information stored with JBS’ cloud service provider.
25 No data transmission over the Internet can be guaranteed to be 100 per cent secure. As a result, while we strive to protect users’ personal and/or sensitive information, JBS cannot ensure or warrant the security of any information transmitted to it or from its online products or services, and users do so at their own risk. Once JBS receives a transmission, we make every effort to ensure the security of such transmission on our systems.
Access to and correction of personal information
26 JBS is committed to and takes all reasonable steps in respect of maintaining accurate, timely, relevant, complete and appropriate information about our customers, clients and web-site users.
27 Any individual may request access to personal and/or sensitive information about them held by JBS. Such a request for access to personal and/or sensitive information is to be made to:
Legal Department
Baybrick Pty Ltd
PO Box 139
Booval QLD 4304
28 Please note JBS does require that, as part of any request by an individual for access to personal and/or sensitive information, the individual verify their identity so that JBS may be satisfied that the request for access is being made by the individual concerned.
29 Please note that JBS is not required to give an individual access to personal and/or sensitive information in circumstances where:
• JBS reasonably believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or
• giving access would have an unreasonable impact on the privacy of other individuals; or
• the request for access is frivolous or vexatious; or
• the information relates to existing or anticipated legal proceedings between JBS and the individual, and would not be accessible by the process of discovery in those proceedings; or
• giving access would reveal the intentions of JBS in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
• giving access would be unlawful; or
• denying access is required or authorised by or under an Australian law or a court/ tribunal order; or
• both of the following apply:
(i) JBS has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to JBS’ functions or activities has been, is being or may be engaged in;
(ii) giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or
• giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
• giving access would reveal evaluative information generated within JBS in connection with a commercially sensitive decision-making process.
30 Inaccurate information will be corrected upon receiving advice to this effect. To ensure confidentiality, details of an individual’s personal and/or sensitive information will only be passed on to the individual if we are satisfied that the information relates to the individual. From time to time, and having regard to the purpose of the collection and use of personal and/or sensitive information about individuals, we may contact individuals to seek confirmation that the personal and/or sensitive information provided to us by the individual is accurate, up-to-date and complete.
31 If we refuse to provide an individual with access to or correct the personal and/or sensitive information held by us about the individual, then we will provide reasons for such refusal. Such reasons will set out the grounds for refusal, the mechanisms available to complain about the refusal and any other matters that are required by the Act.
32 JBS will respond to any requests for access or correction within a reasonable time of receipt of the request, but by no later than 30 days of the request being received.
Complaints
33 If an individual has a complaint about our APP Privacy Policy or JBS’ collection, use or safe disposal or destruction of personal information about the individual, any complaint should be directed in the first instance to JBS’ Legal Department at the contact details set out at clause 27 of this policy.
34 We will investigate any complaint within 30 calendar days and attempt to resolve any breach that might have occurred in relation to the collection, use or destruction of personal and/or sensitive information held by us about the complainant in accordance with the Commonwealth Privacy legislation and the APPs. If a complainant is not satisfied with the outcome of this procedure then the complainant may contact the Office of the Australian Information Commissioner (“OAIC”). The web site of the OAIC is www.oaic.gov.au.
Transfer of information overseas
35 JBS utilises local and overseas cloud services for the purpose of storing information. Your personal and/or sensitive information may be disclosed to a JBS cloud service provider for that purpose. While JBS’ cloud service providers are located in such places as Australia and Singapore, the country location of those providers may periodically change. JBS may also from time to time be required to send your information overseas to other service providers and members of the JBS Group. You may obtain more information about any of those entities by contacting us.
Google Analytics
36 This website uses Google Analytics to help analyse how users use the site. The tool uses “cookies,” which are text files placed on your computer, to collect standard Internet log information and visitor behaviour information in an anonymous form. The information generated by the cookie about your use of the website (including IP address) is transmitted to Google. This information is then used to evaluate visitors’ use of the website and to compile statistical reports on website activity for JBS. We will not associate any data gathered from this site with any Personally Identifiable Information from any source. To understand more about Google’s privacy policy, go to Google’s Privacy Policy or click here to understand more about how Google uses data. JBS collects information from the site using “IP files”.
37 When a user visits JBS’ web site to read, browse or download information, our system will record/log the user’s IP address (the address which identifies the user’s computer on the internet and which is automatically recognised by our web server), date and time of the visit to our web site, the pages viewed and any information downloaded. This information will be used for the purpose of site analysis and to help us offer improved online service. We may automatically collect non-personal information about users such as the type of Internet browsers used or the site from which the user linked to our web sites. Individuals cannot be identified from this information and it is only used to assist us in providing an effective service on our web sites.
38 JBS uses Google Analytics features based on Display Advertising (Remarketing and Google Analytics Demographics and Interest Reporting). These features use first-party and third-party cookies to inform, optimise and serve ads based on your past visits to our sites. This allows us to report on demographics for understanding our site’s audience and display ads that relate to products and services you have viewed on our site as you browse third party sites on the Google Display Network using Remarketing. If you would like to opt-out of customised Google Display Network ads and Google Analytics for Display Advertising you can use Ads Settings. You can also use the Google Analytics Opt-out Browser Add-on so you are not tracked into Google Analytics.
Changes to APP Privacy Policy
39 If JBS decides to or is required to change its APP Privacy Policy, we will notify of such amendments on our web site and post changes on this APP Privacy Policy page so that users are always aware of what information is collected by us, how it is used and the way in which information may be disclosed. As a result, please refer back to this APP Privacy Policy regularly to review any amendments.
Contacting us
40 For further information regarding our APP Privacy Policy, please contact us at the following address:
Legal Department
Baybrick Pty Ltd
PO Box 139
Booval QLD 4304
41 For more information on privacy legislation or the APPs please visit the website of the Office of the Australian Information Commissioner at www.oaic.gov.au.