TRUE INSURANCE PTY LTD
A.C.N. 163 278 493
Current as of 1 March 2014
True Insurance Pty Ltd A.C.N. 163 278 493 (“True”) is committed to the protection of your personal information. True collects, uses and retains personal information in accordance with the Australian Privacy Principles (“APPs”) issued in accordance with and under the Privacy Act 1988 (Cth) (“Privacy Act”) and our own policies and procedures. This Policy is intended to regulate the handling of any personal information that we collect. We have developed this Policy as part of our ongoing commitment to the protection of your privacy.
The objectives of this Policy are to:
a) Provide a set of Privacy Standards which govern our procedures and which protect the privacy of your personal information;
b) Demonstrate our ongoing commitment to protecting your privacy and addressing any privacy concerns that you might have;
c) Describe the ways in which we collect, use and handle your personal information;
d) Ensure that we comply with the APPs;
e) Facilitate True’s compliance with any further developments in the protection of privacy;
f) Explain how an individual may complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds True, and how True will deal with such a complaint; and
g) Explain if True is likely to disclose personal information to overseas recipients and if it is practicable to specify those countries which such recipients are likely to be located in the policy.
True will take such steps as are reasonable in the circumstances to implement practices, procedures and systems relating to True’s functions or activities that:
a) Will ensure that the entity complies with the Australian Privacy Principles and a ny registered APP Code that binds the entity; and
b) Will enable the entity to deal with inquiries or complaints from individuals about the entity’s compliance with the Australian Privacy Principles or such a Code.
Third Party Sources
Where True collects personal information from a third party, True will take reasonable steps to ensure that you are aware of the matters listed in (a) and (b) above, unless telling you of those matters would pose a serious threat to the life or health of any individual.
Inline with Australia Privacy principal 2 it is impracticable for True to deal with an individual who has not identified themselves appropriately to True.
Purpose of Collection of Information
True will not collect personal information (other than sensitive information) unless the information is reasonably necessary for, or directly related to, one or more of the entity’s functio ns or activities.
True will not collect sensitive information about an individual unless:
a) The individual consents to the collection of the information and:
b) The information is reasonably necessary for one or more of the entity’s functions or activities.
Should True receive unsolicited personal information it will within a reasonable period of time determine if it could have collected the information under Privacy Principle 3 if it had solicited the information. If True determines it should not have collected the information it shall destroy the information. Should the information have been collectable it shall be treated in accordance with Australian Privacy Principles.
Information Collected for a Particular Purpose
If True holds personal information about an individual that was collected for a particular purpose (the primary purpose), True will not use or disclose the information for another purpose (the secondary purpose) unless:
a) The individual has consented to the use or disclosure of the information; or
b) The individual would reasonably expect the APP entity to use or disclose the information for the secondary purpose and the secondary purpose is:
- If the information is sensitive information—directly related to the primary purpose; or
- If the information is not sensitive information—related to the primary purpose; or
c) The use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or
d) A permitted general situation exists in relation to the use or disclosure of the information by True; or
e) True reasonably believes that the use or disclosure of the information is reason ably necessary for one of more enforcement related activities conducted by, or on behalf of, an enforcement body.
Information & Disclosure
If True holds personal information about an individual, True will not use or disclose the information for the purpose of direct marketing unless:
a) True collected the information from the individual; and
b) The individual would reasonably expect True to use or disclose the information for that purpose; and
c) True provides a simple means by which the individual may easily request not to receive direct marketing communications from the organisation; and
d) You have not made such a request.
Before True would discloses personal information about an individual to a person:
a) Who is not in Australia or an external Territory; and
b) Who is not the entity or the individual;
True will take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles (other than Australian Privacy Principle 1) in relation to the information.
Information – Details & Description
True will not adopt a government related identifier of an individual as its own identifier of the individual unless the adoption of the government related identifier is required or authorised by o r under an Australian law or a Court/Tribunal order.
True will take such steps (if any) as are reasonable in the circumstances to ensure that the personal information that the entity collects is accurate, up to date and complete.
True will take such steps (if any) as are reasonable in the circumstances to ensure that the personal information that the entity uses or discloses is, having regard to the purpose of the use or disclosure, accurate, up to date, complete and relevant.
Use of Information
If True holds personal information, we will take such steps as are reasonable in the circumstances to protect the information:
a) From misuse, interference and loss; and
b) From unauthorised access, modification or disclosure.
If True holds personal information about an individual True will on request by that individual, give the individual access to the information. True are however not required to give an individual access to the personal information to the extent that:
a) True 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
b) Giving access would have an unreasonable impact on the privacy of other individuals; or
c) The request for access is frivolous or vexatious; or
d) The information relates to existing or anticipated legal proceedings between the entity and the individual, and would not be accessible by the process of discovery in those proceedings; or
e) Giving access would reveal the intentions of the ent ity in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
f) Giving access would be unlawful; or
g) Denying access is required or authorised by or under an Australian law or a Court/ Tribunal order; or
h) Both of the following apply:
A. True has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the entity’s functions or activities has been, is being or may be engaged in and that:
- 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
B. Giving access would reveal evaluative information generated within the entity in connection with a commercially sensitive decision-making process.
Requests for Information
a) Respond to the request for access to the personal information:
- If the entity is an agency—within 30 days after the request is made; or
- If the entity is an organisation—within a reasonable period after the request is made; and
b) Give access to the information in the manner requested by the individual, if it is reasonable and practicable to do so.
If True refuses access to personal information we will give written notification that sets out:
a) The reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and
b) The mechanisms available to complain about the refusal; and
c) Any other matter prescribed by the regulations.
Correct Personal Information
If True holds personal information about an individual and we are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out of date, incomplete, irrelevant or misleading and the individual requests the entity to correct the information we will take such steps (if any) as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading.
Should True correct personal information about an individual that we previously disclosed to another party and the individual request us to notify the other party of the correction we will take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so.
If True refuses to correct the personal information as requested by the individual, we will give the individual a written notice that sets out:
a) The reasons for the refusal except to the extent that it would be unreasonable to do so; and
b) The mechanisms available to complain about the refusal; and
c) Any other matter prescribed by the regulations.
Complaints Handling and Disputes Procedure
Should you be unhappy about our treatment of your personal information or you believe there has been a breach of this Policy, please contact True’s Privacy Officer clearly setting out the nature of your concern.
Complaints can be made orally at first instance, or in writing addressed to The Privacy Officer True Insurance Pty Ltd PO Box 4 Broadway NSW 2007. Where a complaint is made orally you must confirm the complaint in writing as soon as possible. If you require assistance in lodging your complaint, please contact us urgently.
Your complaint will be reviewed and you will be provided with a written response. If it cannot be resolved, your complaint will be referred to True’s Internal Disputes Resolution Service and you will receive a response in writing within fifteen (28) working days, setting out:
- The general reasons for the outcome; and
- Information on the further action that you can take, should you remain dissatisfied with our handling of
your complaint or the outcome of your complaint.
In either case, your complaint will be reviewed by someone with appropriate authority to deal with the complaint.
Further Review of your Complaint
If you are still not satisfied with our review, you may take your complaint to the Office of the Australian Information Commissioner. The Commissioner has the power to investigate complaints and recommend appropriate action to remedy your complaint.
You can contact the Commissioner on 1300 363 992, or by writing to the Office of the Australian Information Commissioner, GPO Box 5218, Sydney NSW 2001.
Compliance with This Policy
True implements this Policy through the use of proper procedures and staff training to ensure compliance with this Policy.
We ensure that all our employees and any representatives who deal with personal information are aware of the standards of this Policy.
True requires that all of its staff and representati ves with access to personal information maintain confidentiality concerning that personal information. We implement that requirement through appropriate contractual terms and internal policies.
Our procedures for handling personal information are developed to implement the standards of this Policy.
True trains its employees in the proper conduct of those procedures that are relevant to their duties.
True’s Privacy officer – Contact Details
For further information about True & your Privacy or to access our complaint handling and dispute procedure, please address your correspondence to:
The Privacy Officer
True Insurance Pty Ltd
PO Box 4
BROADWAY NSW 2007
Telephone +61 2 9099 8044