For these purposes, "personal information" is information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
Use and Disclosure
Access and Correction
1.1 Wilson and Brooks will not collect personal information unless the information is necessary for:
(a) Providing the services ("Services") on the Website; and
(b) Our internal management needs; and
(c) Our marketing activities (the primary purpose).
1.2 Wilson and Brooks will collect personal information only by lawful and fair means and not in an unreasonably intrusive way.
1.3 At or before the time Wilson and Brooks collects personal information about an individual from the individual, Wilson and Brooks will take reasonable steps to ensure that the individual is aware of:
(a) The identity of Wilson and Brooks and how to contact Wilson and Brooks;
(b) The fact that he or she is able to gain access to the information;
(c) The purposes for which the information is collected;
(d) Organizations (or the types of organizations) to which Wilson and Brooks usually discloses information of that kind;
(e) Any law that requires the particular information to be collected; and
(f) The main consequences (if any) for the individual if all or part of the information is not provided.
1.4 If it is reasonable and practicable to do so, Wilson and Brooks will collect personal information about an individual only from that individual.
1.5 If Wilson and Brooks collects personal information about an individual from someone else it will:
(a) take reasonable steps to ensure that the individual is or has been made aware of the matters listed in sub-clause 1.3, except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual; and
(b) Ensure that the person providing the personal information to us has obtained the consent of the individual to the collection use and disclosure of that information in accordance with this Policy, to the extent necessary for us to provide the Services to that individual.
2. Use and Disclosure
2.1 Wilson and Brooks will not use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose of collection unless:
(a) The following apply:
i. The secondary purpose is related to the primary purpose of collection; and
ii. The individual would reasonably expect Wilson and Brooks to use or disclose the information for the secondary purpose; and
iii. The use is made by an employee, agent or contractor of Wilson and Brooks, in the performance of that person's duties for Wilson and Brooks; or
(b) The individual has consented to the use or disclosure; or
i. It is impracticable for Wilson and Brooks to seek the individual's consent before that particular use;
(c) Wilson and Brooks reasonably believes that the use or disclosure is necessary to lessen or prevent:
i. A serious and imminent threat to an individual's life, health or safety; or
ii. A serious threat to public health or public safety; or
(d) Wilson and Brooks has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of our investigation of the matter or in reporting our concerns to relevant persons or authorities; or
(e) The use or disclosure is required or authorized by or under law; or
(f) Wilson and Brooks reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
i. The prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
ii. The enforcement of laws relating to the confiscation of the proceeds of crime;
iii. The protection of the public revenue;
iv. The prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
v. The preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
Wilson and Brooks will take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date.
4.1 Wilson and Brooks will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorized access, modification or disclosure.
4.2 Wilson and Brooks will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under Clause 2 above.
5.1 Wilson and Brooks has set out in this document our policies on the management of personal information. Wilson and Brooks will make this document available to anyone who asks for it.
5.2 On request by a person, Wilson and Brooks will take reasonable steps to let the person know, generally, what sort of personal information Wilson and Brooks holds, for what purposes, and how it collects, holds, uses and discloses that information.
6. Access and Correction
6.1 If Wilson and Brooks holds personal information about an individual, Wilson and Brooks will provide the individual with access to the information on request by the individual, except to the extent that:
(a) Wilson and Brooks reasonably believes that providing access would pose a serious and imminent threat to the life or health of any individual; or
(b) Providing access would have an unreasonable impact upon 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 Wilson and Brooks and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
(e) Providing access would reveal the intentions of Wilson and Brooks in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
(f) Providing access would be unlawful; or
(g) Providing access would be likely to prejudice an investigation of possible unlawful activity; or
i. Providing access would be likely to prejudice:
ii. The prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
iii. The enforcement of laws relating to the confiscation of the proceeds of crime; or
iiv. The protection of the public revenue; or
v. The prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
vi. The preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement body; or
(j) An enforcement body performing a lawful security function asks Wilson and Brooks not to provide access to the information on the basis that providing access would be likely to cause damage to the security.
6.2 However, where providing access would reveal evaluative information generated within Wilson and Brooks in connection with a commercially sensitive decision-making process, we may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.
6.3 If Wilson and Brooks is not required to provide the individual with access to the information because of one or more of sub-clauses 6.1(a) to 6.1(j) (inclusive), Wilson and Brooks will, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.
6.4 Wilson and Brooks intends to charge for providing access to personal information. These charges:
(a) Will not be excessive; and
(b) Will not apply to the lodgment with us of a request for access to personal information.
6.5 If Wilson and Brooks holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, Wilson and Brooks will take reasonable steps to correct the information so that it is accurate, complete and up-to-date.
6.6 If we disagree with an individual about whether any personal information that we hold is accurate, complete and up-to-date, and the individual asks us to associate with the information a statement claiming that the information is not accurate, complete or up-to-date, we will take reasonable steps to do so.
6.7 Wilson and Brooks will provide reasons for denial of access or a refusal to correct personal information.
7.1 Wilson and Brooks will not adopt as its own identifier of an individual, an identifier of the individual that has been assigned by:
(a) An agency; or
(b) An agent of an agency acting in its capacity as agent; or
(c) A contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract.
7.2 Wilson and Brooks will not use or disclose an identifier assigned to an individual by an agency, or by an agent or contracted service provider mentioned in sub-clause 7.1, unless:
(a) The use or disclosure is necessary for Wilson and Brooks to fulfill its obligations to the agency; or
(b) One or more of sub-clauses 2.1(a) to 2.1(g) (inclusive) apply to the use or disclosure; or
(c) The use or disclosure is by a prescribed organization of a prescribed identifier in prescribed circumstances.
7.3 For the purposes of this Clause 7, identifier includes a number assigned by Wilson and Brooks to an individual to identify uniquely the individual for the purposes of Wilson and Brooks' operations.
Wherever it is lawful and practicable, individuals will have the option of not identifying themselves when entering into transactions, or otherwise dealing, with Wilson and Brooks
9. Sensitive Information
9.1 Wilson and Brooks will not collect sensitive 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, or criminal record unless:
(a) The individual has consented; or
(b) The collection is required by law; or
(c) The collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
i. Is physically or legally incapable of giving consent to the collection; or
ii. Physically cannot communicate consent to the collection; or
(d) The collection is necessary for the establishment, exercise or defense of a legal or equitable claim.