Privacy Policy

Introduction

Personal Information held by Australian Terminal Operations Management Pty Ltd (“ATOM”) (ABN 70 606 006 866) and its related companies in Australia will be collected, secured, maintained, used and disclosed in accordance with the Privacy Act 1988 (Cth) (“Privacy Act”), the Australian Privacy Principles (“APPs”) and this Privacy Policy.

This Privacy Policy broadly outlines how ATOM will collect and manage Personal Information (as defined below), the steps it will take to protect it, how an individual can access Personal Information ATOM holds and what they can do if they are unhappy with ATOM’s management of Personal Information.

Acknowledgement

This Privacy Policy is published on ATOM’s website, www.australianterminals.com and may be updated from time to time at ATOM’s discretion.  By continuing to use the website, or otherwise continuing to deal with ATOM, you accept this Privacy Policy as it applies from time to time.

What is Personal Information?

“Personal Information” means 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 in a material form or not. The types of Personal Information that ATOM collects from an individual will depend on the circumstances in which the information is collected.  Generally, the types of Personal Information that ATOM collects include name, date of birth, gender, financial details (such as credit card / banking details) and contact details.  If an individual applies for employment at ATOM or is an ATOM contractor, ATOM may also collect information relevant to the application or engagement including qualifications, resume, bank details, tax information, family details and reference information.

What is not Personal Information?

Information where ATOM has removed any reference to an individual will not be considered Personal Information, provided that the identity of the individual can no longer be ascertained.

What Personal Information does this Privacy Policy apply to?

This Privacy Policy applies to all Personal Information that ATOM now holds or may in the future collect. Where applicable, ATOM will handle Personal Information relying on the related bodies corporate exemption and the employee records exemption in the Privacy Act and any other applicable exemptions in the Privacy Act or other legislation. As noted above, throughout the course of their engagement, ATOM contractors will be required to disclose personal information to ATOM, for engagement related purposes.

Personal Information ATOM collects and holds

ATOM collects Personal Information through various avenues in the course of conducting its businesses, including:

  • directly from individuals when they provide Personal Information to ATOM or its agents or contractors, for example when the individual is involved in acquiring goods or services from ATOM or supplying goods or services to ATOM;
  • directly from individuals via ATOM websites (including social media pages);
  • directly from individuals when they enter a trade promotion or competition;
  • from publicly available sources;
  • from related companies;
  • from third parties; and
  • via security video surveillance at ATOM sites.

Where reasonable and practical, ATOM will collect Personal Information directly from the individual and inform the individual that this is being done.

ATOM does not generally require individuals to disclose “Sensitive Information”, for example information about an individual’s race, religion, sexual orientation or beliefs.  If an individual discloses sensitive information to ATOM for any reason, that individual consents to ATOM collecting the information and using and disclosing it for the purpose for which it was disclosed and as permitted by the Privacy Act and other relevant laws.

Unsolicited Personal Information

If ATOM receives Personal Information where it has taken no steps to collect the information, then within a reasonable time it will decide whether it could, under the APPs, have solicited that Personal Information itself.

If ATOM determines that it would not, under the APPs, have been permitted to solicit the Personal Information, ATOM will as soon as practical (where lawful and reasonable to do so) destroy or de-identify that unsolicited Personal Information. If ATOM could, under the APPs, have solicited the Personal Information then ATOM may use and disclose the Personal Information for the purpose for which it was disclosed and as permitted by the Privacy Act and other relevant laws.

Use and Disclosure of Personal Information

The purpose for which ATOM uses and discloses Personal Information will depend on the circumstances in which it is collected.  Generally, ATOM may use or disclose Personal Information:

  • for the purposes for which it was collected;
  • for a related secondary purpose, if the use or disclosure could be reasonably expected (e.g. disclosure to a delivery contractor for the purpose of delivering goods ordered from ATOM);
  • for other purposes to which an individual has consented; and
  • as otherwise authorised or required by law.

Specific purposes for which ATOM may use or disclose Personal Information include the purposes of:

  • supplying goods or services to, or acquiring goods or services from, an individual or organisation;
  • to improve ATOM’s products and services;
  • contacting individuals for marketing purposes;
  • considering an individual for a position (e.g. as an employee or contractor) at ATOM;
  • responding to an enquiry by an individual; and
  • to maintain security over ATOM premises and systems.

ATOM may disclose Personal Information locally to other parties including its related companies and to any agent, contractor or third party who provides administrative or other services to ATOM or its related companies.  ATOM will, where commercially practical, require that any third party to whom Personal Information is disclosed will treat the Personal Information in a manner that is consistent with the APPs.

ATOM may disclose Personal Information to third parties, such as law enforcement agencies or government authorities, without authorisation in some circumstances, in accordance with the APPs.  ATOM will not sell Personal Information to a third party without the consent of the individuals to whom the Personal Information applies.  ATOM may sell de-identified, aggregated data to third parties that cannot be used to specifically identify an individual.

Disclosure outside Australia

ATOM will not disclose Personal Information to third parties outside of Australia.

Cookies

ATOM may use “cookies” and similar technology on its websites and in other technology applications.  The use of such technologies is an industry standard, and helps ATOM monitor the effectiveness of its advertising and how visitors use its websites/applications.  ATOM uses such technologies to generate statistics, measure activity, improve the usefulness of its websites/applications and enhance the user experience. Individuals who prefer not to receive cookies can adjust their Internet browser to refuse cookies or warn when cookies are used.

Security of Personal Information

The security of Personal Information is important to ATOM and it takes reasonable steps to ensure that the Personal Information it holds is secure.  However, except to the extent liability cannot be excluded due to the operation of statute, ATOM excludes all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of Personal Information.  Nothing in this Privacy Policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth)

Individuals should notify ATOM immediately if they become aware of any breach of security.

Where Personal Information is no longer needed for any purpose for which ATOM is authorised to use it and there is no legal requirement for ATOM to keep it, ATOM will take reasonable steps to destroy or de-identify Personal Information.

How you can access and seek correction of your Personal Information which ATOM holds

An individual may request access to, or correction of, their Personal Information held by ATOM by sending a written request to the ATOM Privacy Officer – see the “Contact ATOM” section below.

If an individual makes a written request for access to Personal Information held by ATOM, ATOM will respond to such request within 30 days and, where reasonable and practical, give access to the Personal Information in the manner requested by the individual. However, ATOM may refuse a request for access to Personal Information where it is legally entitled to do so and, where reasonable, it will provide the reasons for this. ATOM may require the person requesting access to provide suitable identification and, where permitted by law, may charge a fee for giving access to Personal Information in response to an individual’s request.  The fee (if any) will be disclosed prior to providing the requested information and the costs being incurred.  Any such fee will not be excessive and will relate to the reasonable costs incurred in responding to the request, not to making the request itself.

ATOM will take reasonable steps to ensure that the Personal Information it collects is accurate, up-to-date and complete. Correction of Personal Information may be requested by contacting the ATOM Privacy Officer at the address set out in the “Contact ATOM” section below.  If ATOM refuses to correct Personal Information in response to a request it will, where reasonable, provide a written notice setting out the reasons for refusal. In this situation an individual may request ATOM to append a statement to their Personal Information that there is a dispute as to its accuracy.

Complaining about a breach of the APPs

Complaints regarding a breach of the Privacy Act, the APPs or this Privacy Policy should be directed to the ATOM Privacy Officer – see the “Contact ATOM” section below.  ATOM is entitled to verify the identity of the complainant and will reply to the enquiry within 30 days.  If the complaint is not resolved in a manner acceptable to the individual the complaint may be submitted to the Office of the Australian Information Commissioner.  For more information please refer to www.oaic.gov.au.

Contact ATOM

Please contact the ATOM Privacy Officer in relation to privacy matters:

Email:              Julie.Gow@australianterminals.com

Mail:                ATOM Privacy Officer

Julie Gow

Level 3, 22 Albert Road

South Melbourne,

Victoria 3205

Changes /date of privacy policy

ATOM reserves the right to review and update this Privacy Policy from time to time.

This Privacy Policy was last updated on the 28th April 2017.

We expect that all ATOM employees familiarise themselves with the ATOM Privacy Policy and act accordingly. Any breach of this policy may be subject to disciplinary action, up to and including dismissal, depending on the individual details and circumstances of the situation and the severity of the breach.

Variation

This policy does not form part of any Employee’s contract of employment.  The Company may vary, replace or terminate this policy, at its absolute discretion, from time to time.