The Privacy Act 1988 provides extensive regulations about the collection, storage and use of information relating to individuals. It also contains some specific exemptions for organisations that have a need to collect, store and use information about individuals, one of which is to exempt the “acts and practices of employers in relation to employee records”.

To be exempt, an act or practice relating to the employee record must be directly related to the employment relationship. This means that acts or practices of an employer that are outside the scope of the employment relationship are not exempt. For example, MCS could not sell details of employees to another organisation.

The act or practice must also be directly related to a current or former employment relationship. This does not cover future employment relationships. This means that personal information collected from prospective employees who are subsequently not employed, such as unsuccessful job applicants, will not be covered by the employee records exemption.

Once an employment relationship is formed with an individual, the MCS holds relating to that individual’s pre-employment checks then become exempt.

MCS is also covered by the ten (10) National Privacy Principles, as set out in the legislation, which cover all aspects of dealing with personal and sensitive information, not only those relating to employees.

MCS recognises the importance of protecting personal information, which it may be required to collect from individuals who become associated with its business. The purpose of this Privacy Policy is to ensure that any individual who provides information to MCS is protected according to the requirements of the Privacy Act 1988.

 

For the purpose of this Privacy Policy, “information” is described as:

  • “personal information” means information relating to an individual, including an opinion, which may be provided to MCS either in material form or not, and whether true or not. Such information may personally identify an individual or make the person’s identity reasonably apparent.
  • “sensitive information” means information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual practices, criminal record or health information.

MCS takes its obligations under the Privacy Act 1988 seriously, and as such, will take all reasonable steps in order to comply with the Act and protect the privacy of personal information that it holds.

 

Collection and Use of Information

MCS may collect and hold personal information, such as, but not limited to, names of employees and proprietors of organisations, addresses, telephone numbers, facsimile numbers, email addresses, titles and professional affiliations. These details are collected for the purpose of providing MCS to customers and clients, and the selling and marketing of its products and extended range of services. MCS may also use such information to apply customer/member satisfaction surveys and events such as ‘loyalty’ programs. MCS will not disclose this information to any other organisation, nor will it send any information overseas for any purpose whatsoever.

In the event that sensitive information is collected MCS, it will not be used for any purpose without the express permission of the individual. The collection, use and disclosure of information will be in accordance with our Collection Statement.

 

Storage, Access and Retention of Personal Information

All personal information collected by MCS will be retained as part of a database, which will be securely monitored and maintained by the MCS. The data will not be made available to a third party, unless it is legally required and verified, without the authority of the individual who provided the personal information.

MCS will make available for inspection all personal information, based on the information supplied by the individual, that it holds in relation to an individual, provided reasonable notice is given. In the event that any part of the personal information that the individual inspects is determined to be incorrect and requires alteration, then MCS will make such alteration in compliance with the corrected advice provided by the individual.

MCS will take all reasonable steps to protect the security of the personal information that it holds. This includes appropriate measures to protect electronic materials and materials stored and generated in hard copy.

Where information held by MCS is no longer required to be held, and the retention is not required by law, then MCS will destroy such personal information by a secure means.

 

Compliance

If an individual has any concerns regarding the privacy of personal information, then the individual may make a complaint to the Managing Partner who will then endeavour to resolve the complaint.

 

Sources of Information

Where possible, MCS will collect the information directly from individuals, customers and clients. In some instances, MCS may collect personal information from press reports or published mediums and in this case, it will endeavour to verify such details with the person concerned.

MCS acknowledges that there is no obligation for an individual to provide it with personal information. However, if an individual chooses not to provide MCS with personal details, it may not be able to provide the individual with a full range of services or reduce the ability of servicing the individual’s organisation direct.

 

Collection Statement*

Purpose of the Collection

MCS may require the collection of personal information to satisfy the needs of the organisation.

The personal information may be required for the purpose of:

  • giving the information which a member/customer is entitled to; and
  • supplying to, and administering, the products and services the member/customer requires.

MCS may also collect the information for the provision of marketing, unless a specific request in writing is provided, detailing what is not required.

MCS may need to give personal information to other organisations to comply with its legal obligations, such as auditors, legal advisers and the Australian Taxation Office (or any other relevant organisations).

 

Disclosure to an Organisation

MCS may disclose personal information, for the purposes set out above, to any of its subsidiaries, branches, franchises or legally related companies, agents, dealers or contractors.

MCS acknowledges that there is no obligation for an individual to provide it with personal information. However, if an individual chooses not to provide MCS with personal details, it may not be able to provide the individual with a full range of services or reduce the ability of servicing the individual’s organisation direct.

 

Access Rights and Contact Details

The Privacy Act 1988 provides the right to access personal information held by MCS. If the information is inaccurate, a request can be made to correct it.

MCS reserves the right to charge a nominal fee if required for the retrieval of information requested.

Further information can be obtained by contacting the MCS nominated Privacy Officer.