Aspire 4 Life Ltd (Aspire 4 Life) collects and holds personal information, including sensitive information that is reasonably necessary to provide services and undertake business functions. Health information and other sensitive information will be collected only with consent of the individual. Aspire 4 Life is bound by, the Privacy Act 1988 (Cth), including the Australian Privacy Principles (APPs) as a contracted provider of services for the Australian Government. In NSW, Aspire 4 Life is also bound by the Health Privacy Principles (HPPs) in the Health Records and Information Privacy Act 2002. To ensure the protection of the information gathered, all Staff and Volunteers sign a Confidentiality Agreement and Code of Conduct. Staff and Volunteers are also bound by the Staff Confidentiality Policy. The following principles set out how Aspire 4 Life manages personal information:
Collection of personal information scope
Aspire 4 Life may collect and hold information about a range of persons it comes into contact with, including:
- customers, prospective customers
- authorised representatives, families and friends of customers and prospective customers
- business associates and their employees;
- job applicants; employees and volunteers;
- suppliers and their employees;
- contractors and consultants engaged by Aspire 4 Life; and
- all individuals who visit the Aspire 4 Life website
With your consent, Aspire 4 Life may collect information about you from someone other than yourself.
The purposes for which we collect and hold your personal information
- providing you with information relevant to the operation of our business;
- facilitating Aspire 4 Life’s internal business operations, including the fulfilment of any legal requirements;
- analysing Aspire 4 Life’s services and client needs with a view to developing new and/or improved services, including market research, which may be conducted by an external organisation contracted to Aspire 4 Life;
- contacting you, in the case of an emergency involving someone else you know; and/or
- contacting you to provide a testimonial for Aspire 4 Life.
Types of personal information we collect and hold
The personal information Aspire 4 Life collects and holds about you depends on your interaction with Aspire 4 Life. It may include:
- your name, date of birth or place of birth;
- your contact details, organisation, occupation, job title, address, phone number, facsimile number and email address;
- details of your qualifications, occupation , interests and expertise;
- copies of your identification documents, such as your driver’s licence;
- information regarding your residency status;
- information regarding your family and other relationships;
- information about your requirements for the services we provide; where necessary, financial information;
- if you are employed with us, information about your current or former employment or engagement, including information about your training, disciplining, resignation, termination, terms and conditions, staff benefits, emergency contact details, performance, conduct, use of our IT and communications resources, payroll matters, recreation, leave and taxation, banking or superannuation affairs; and/or
- if you apply for a role with us, information about your qualifications, experiences and character.
- My Aged Care identification number.
If we collect sensitive information about you, we will do so only where you consent, provide the information to us voluntarily or where we are otherwise authorised by law (for example, if you are employed by us we are required and/or authorised to collect your personal information under including the Fair Work Act 2009, Superannuation Guarantee (Administration) Act 1992 and Income Tax Assessment Act 1997). If you do not provide any or all of the information collected, Aspire 4 Life may be unable to provide services to you or otherwise deal adequately with your relationship with it or any requests you have made. Further, if the personal information you provide to Aspire 4 Life is incomplete and/or inaccurate, Aspire 4 Life may be unable to provide you, or someone you know, with the services you, or they, are seeking. The usual types of sensitive information which is reasonably necessary to collect from individuals may include:
- if you are apply for a role with us, or are employed by us, information about your professional associations membership, drug/alcohol tests, or police and other background checks;
- information regarding your gender, sexual orientation, ethnic origin or religious and political beliefs; health information (such as information regarding a medical condition, disability or mental health condition);
- information about existing health conditions affecting the services we provide, including referral information; and
- information regarding your choices and preferences, including religious, political and philosophical beliefs.
We always try to collect information about applications for employment directly from the applicant. However, we also need to rely on information from job applicants from referees and assume that the applicant has the consent of the referee to disclose his/her details.
How we collect your personal information
Personal information will generally be collected by Aspire 4 Life directly from you, verbally or in writing (including via feedback, application or any other forms), or from a referral agency to which you have provided consent. We also record details of our interactions with you, including any contact we have with you in person, by email, online (eg. via web chat) or on the telephone. Our staff may also record personal information collected from you in the course of preparing notes, recommendations and decisions. There may be instances where personal information about you will be collected indirectly (for example, from a family member or health practitioner) because it is unreasonable or impractical to collect personal information directly from you. We may also collect information indirectly when we:
- process transactions and administer your accounts;
- address your queries and resolve any complaints;
- send information updates;
- review our quality improvement processes; and/or
- comply with any contractual obligations owed to funding agencies
We will only collect personal information via lawful and fair means and when we specifically request or take active steps to collect that information. However, personal information may at times be volunteered to us without us requesting or taking steps to collect that information. For example, we may receive unsolicited personal information when we ask an individual to provide us with certain information and that individual provides us with superfluous information. In such a situation, in accordance with our statutory obligations, we will determine whether we could have lawfully collected the information we received had we taken steps to collect that information. If not, we take steps to destroy or de-identify that information (unless we are required or authorised by law to retain the information). Where the Governor General has declared a national Emergency the Commonwealth Government has exemptive power to which enables collection, use or disclosure of personal information during an emergency.
When you access Aspire 4 Life’s web site, Aspire 4 Life may collect additional personal information about you, including:
- your name, contact details and My Aged Care identification number via web chat
- the date and time of your visit;
- the pages you visited and documents downloaded;
- your internet service provider;
- the address of the web site you came from (if you accessed the web site via a link from another site (such as a search engine); and/or
- your IP address (that is, the single numerical address for your computer on the internet), and/or domain name (that is, the textual address for your location on the internet which corresponds to your IP address, which the internet computers can read).
Links to other web sites
Aspire 4 Life’s web site may contain links to other web sites. Aspire 4 Life is not responsible for the privacy practices of linked web sites and so linked web sites are not subject to Aspire 4 Life’s privacy policies and procedures.
Use and disclosure
Generally, Aspire 4 Life only uses and/or discloses personal information about you for the primary purposes for which it was collected (as set out above, being the purposes we collect and hold your information). Aspire 4 Life may also use or disclose personal information about you:
- where you ask us for a referral, to other providers of aged and community care services;
- to contractors, who assist Aspire 4 Life in operating its business, but only to the extent necessary for the contractor to provide the services Aspire 4 Life has contracted to them; and/or
- if you have applied for a job, assess your suitability to perform duties;
We will not use and/or disclose personal information collected from you for an unrelated secondary purpose unless we first obtain your written consent or a statutory exception applies (for example, if it is impracticable to obtain your consent and we believe that using or disclosing the information is necessary to lessen a serious threat to the life, health or safety of any individual).
Anonymity and Pseudonymity
Wherever practicable an individual may remain anonymous when communicating with Aspire 4 Life. Please note, however, if anonymity is required by you, it may not be possible or practicable to provide services.
Third party disclosures
We may disclose personal information we collect from individuals to third parties in order to fulfil one or more of the purposes for which the information was collected, any secondary purpose related to the primary purpose of collection, or as required/authorised by law. Third parties to whom your information may be disclosed include:
- your authorised representatives
- our agents, contractors, related organisations;
- government agencies, such as the Department of Health;
- third parties involved in your care (e.g. health practitioners or allied health service providers);
- a purchaser of the assets and operations of Aspire 4 Life’s business, providing those assets and operations are purchased as a going concern; and/or
- Aspire 4 Life’s related entities (if any).
We may also disclose personal information (including sensitive information) about you to a third party:
- when required by law or court order or where we are required to do so as a result of any obligations we owe under any contract;
- if we consider it reasonably necessary to do so in order to identify, contact or bring legal action against a third party in order to defend an action brought against us or to enforce our legal rights; and/or
- to our professional advisers, insurers and auditors for the purpose of their provision or performance of their duties owed under contract to us
. We take reasonable steps to ensure that any third party to which we disclose personal information collected from or about an individual takes steps to protect the personal information so disclosed and to destroy or to de-identify the information when the information is no longer required.
Records and Data Security
Aspire 4 Life stores your personal information in different ways, including in paper and in electronic form. The security of your personal information is important to the Aspire 4 Life. Aspire 4 Life takes all reasonable measures to ensure that your personal information is stored safely to protect it from misuse, loss, unauthorised access, modification or disclosure, including electronic and physical security measures. We will take reasonable steps to destroy or de-identify personal information when the information is no longer required for the purpose for which it was collected. However, there may be circumstances where we are required or authorised by law or contract to retain the information. For example:
- Aspire 4 Life has obligations under the Aged Care Act 1997 to retain certain records fora minimum period, even if they are no longer required.
Access to Information
You have the right to access personal information Aspire 4 Life holds about you, and can do so by making a written request from you or your authorised representative. Aspire 4 Life will endeavour to acknowledge your request within 14 days of its receipt and to provide you with access to the information requested within 30 days. Requests for large amounts of information, or information not currently in use, may require further time before a response can be given. Aspire 4 Life may charge you a reasonable fee for processing your request, as permitted by law. Aspire 4 Life may decline a request for access to personal information where, among other things:
- providing access would pose a serious threat to the life ,health or safety of any individual, or to public health or public safety;
- providing access would have an unreasonable impact upon the privacy of other individuals;
- the request for access is frivolous or vexatious;
- the information relates to existing or anticipated legal proceedings between Aspire 4 Life and you, and the information would not be accessible by the process of discovery in those proceedings;
- providing access would reveal information generated within Aspire 4 Life in connection with a commercially sensitive decision making process;
- providing access would be unlawful;
- denying access is required or authorised by or under law or court/tribunal order;
- providing access would the intentions of Aspire 4 Life to negotiations with the individual in such a way as to prejudice negotiations between Aspire 4 Life and you;
- Aspire 4 Life has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to Aspire 4 Life’s functions or activities has been, is being or may be engaged in and providing access would be likely to prejudice the taking of appropriate action in relation to the matter; and/or
- providing access would be likely to prejudice the enforcement related activities conducted by or on behalf of enforcement bodies.
If, upon receiving access to your personal information or at any other time, you believe the personal information Aspire 4 Life holds about you is inaccurate, incomplete or out of date, please notify Aspire 4 Life immediately. Aspire 4 Life will take reasonable steps to correct the information so that it is accurate, complete and up to date. If Aspire 4 Life disagrees with you about whether your personal information is inaccurate, incomplete or out of date, and you ask Aspire 4 Life to associate with your personal information a statement claiming that your personal information is inaccurate, incomplete or out of date, Aspire 4 Life will take reasonable steps to do so. Aspire 4 Life will provide reasons for any decision to refuse access to, or correction of, personal information.
Feedback and complaints