Nacap Australia Pty Ltd (we, us, our) is subject to the Privacy Act.
This policy sets out how we will deal with Personal Information collected through our involvement with employees, contractors and third parties.
In this policy:
- Personal Information has the meaning given under the Privacy Act but, in short, means information or an opinion relating to an individual that can be used to identify that individual.
- Privacy Act means the Privacy Act 1988 (Cth) including the Australian Privacy Principles.
- Sensitive Information has the same meaning as under the Privacy Act.
- Services means the services of a commercial nature that we provide (for example providing services to our customers, promoting and growing our business, employing staff, managing corporate affairs and complying with legal and regulatory obligations.)
- Website means www.nacap.com.au and other websites and forms of social media where you post comments or we interact with you.
COLLECTION OF INFORMATION
What types of Personal Information do we collect and why do we need it?
To provide you with our Services, we need to collect Personal Information.
The Personal Information we collect may vary depending on the nature of the relationship we have with you and the Services you require.
The information we collect may include:
- your name, address and other contact details;
- official records that are relevant to our functions or activities, for example records relating to land ownership;
- information that allows us to be satisfied that an individual is authorised to undertake a role or particular activities, for example copies of licences and certificates;
- information that allows us to assess employment applications, for example employment histories, educational qualifications and, where relevant, police checks;
- information that is related to our relationship with our employees including information commonly held by employers, for example tax file numbers, bank account details, professional association membership information, racial or ethnic origin, religious affiliation, political affiliation and emergency contact details; and
- health, medical and other Sensitive Information.
How do we collect and hold Personal Information?
We will generally collect Personal Information:
- from you directly when you provide your details to us;
- from you indirectly through emails, forms, face-to-face meetings, business cards, resumes and telephone conversations;
- via third parties (for example from referees or employment agencies)
- via online sources (for example through use of our Website); and
- by hard copy correspondence and documentation.
We keep different types of records that include Personal Information. These include records stored electronically on data bases and also hard copy files. We will take reasonable steps to protect the security of Personal Information. We also take reasonable steps to protect Personal Information held from misuse and loss and from unauthorised access, modification or disclosure, for example by use of physical security and restricted access to electronic records. When we no longer require your Personal Information we will take reasonable steps to destroy it.
Cookies are data/information sent to your browser from a web site. The cookie assigns a unique identification number to your browser allowing your browser to ‘remember’ that it has visited a site and make your use of that site easier.
Do you have to provide Personal Information when you contact us?
If practicable and except where otherwise required by law, we will provide facilities to enable you to deal with us on an anonymous or pseudonymous basis.
USE AND DISCLOSURE OF PERSONAL INFORMATION
When are we permitted to use or disclose Personal Information?
If we collect Personal Information for any purpose contemplated by this policy, we are permitted to use or disclose that Personal Information for that purpose.
We are also permitted to use or disclose Personal Information for other purposes for which you have consented to, where that purpose is related to the purpose for which the information is collected, where we are required to by law or a court or tribunal order or where we reasonably believe the use/disclosure of information is necessary for an enforcement related activity.
If you do not wish for us to use or disclose your Personal Information for the purposes above (except where we are required to by law), please contact us using the contact details provided below.
Who do we disclose Personal Information to?
Depending on the circumstances, we may disclose Personal Information to the following third parties:
- related companies or our joint venture partners;
- suppliers and service providers;
- our customers or prospective clients (for example ‘verification of competency’ or other similar information);
- our contractors or agents;
- government or regulatory bodies;
- law enforcement bodies;
- complaint handling bodies;
- our professional advisers; and
- medical professionals.
Disclosure of resumes
If you submit a resume to us then we may disclose the resume to related companies, joint venture and alliance partners for the purpose of considering your application. If you consent, we may also disclose information about you for the purpose of undertaking background checks. If you do not wish us to use or disclosure your Personal Information for this purpose please contact us using the contact details provided below.
Do we disclose Personal Information overseas?
Nacap is an Australian company owed by Quanta Services Inc., which has headquarters in the United States of America. Nacap may also carry out projects in foreign countries. In both of these situations we may disclose Personal Information off-shore where it is necessary to do so for the purpose of managing our affairs or otherwise as permitted by law.
If information has to be disclosed overseas, the overseas recipient may not be subject to privacy obligations or to any principles similar to the Australian Privacy Principles. In these situations we will generally take reasonable steps to have the overseas recipient comply with the Australian Privacy Principles.
However, we may not take such steps and will not be responsible for the subsequent handling of the Personal Information which we have disclosed if you have agreed that we may disclose the information overseas without taking such steps, if the recipient is subject to a law or binding scheme substantially similar to the Australian Privacy Principles which can be enforced by you or, if the disclosure is required or authorised by the Privacy Act or the law.
Do we use or disclose Personal Information for the purpose of direct marketing?
We may use Personal Information for the purpose of direct marketing as permitted by law. If you do not wish us to use or disclose your Personal Information for the purpose of direct marketing, please contact us using the contact details provided below.
Can you access your Personal Information that we hold?
Subject to the exceptions in the Privacy Act, you may request access to your Personal Information by contacting us using the contact details provided below. We may also, at our discretion, charge you a fee for providing access in order to recover our reasonable costs of providing access. If we propose to charge you a fee, we will notify you of the amount of the fee before providing access.
What should you do if you believe we hold Personal Information about you that is wrong?
If you believe that we hold Personal Information about you that is wrong (which includes inaccurate, out of date, incomplete, irrelevant or misleading), you are entitled to request that we correct the Personal Information. If you wish to make such a request, you should contact us using the contact details provided below.
What should you do if you believe we have interfered with your privacy and you wish to complain?
If you believe that we have interfered with your privacy and you wish to complain you should contact us in the first instance using the contact details provided below. If after having given us a reasonable opportunity to deal with your complaint you believe your complaint remains unresolved, you may contact the Office of the Australian Information Commissioner (OAIC).
EXCEPTIONS TO THE PRIVACY ACT
Do the Australian Privacy Principles apply to our employee records?
Nacap, like all employers, keeps employee records that contain Personal Information about our employees. The Australian Privacy Principles do not apply to any acts or practices by Nacap that relate to our employee records if the act or practice is directly related to the employment relationship (or former employment relationship).
How can you get more information about privacy?
If you require information about privacy and your query is not related specifically to Nacap, you may wish to visit the website of the OAIC which contains information and resources about privacy.
HOW CAN YOU CONTACT US?
You can contact us on +61 (0)3 8848 1888. Alternatively you can write to us at:
Head of Human Resources
Nacap Australia Pty Limited
Level 1, 601 Doncaster Road
Doncaster, VIC 3108
From time to time it may be necessary for us to review and revise this policy. We reserve the right to amend this policy at any time and to notify you by posting an updated version of the policy on the Website. You should periodically refer to the document