This policy is intended to help you understand how North Harbour Clean Energy Pty Ltd and its affiliates (the Company) manage the personal information about you that we collect, hold, use and disclose, how you can seek access to and correction of that information and, if necessary, how you can make a complaint relating to our handling of that information.
We are serious about our responsibility to protect your personal information and manage it consistently with the Privacy Act and other relevant legislation. The Company is committed to maintaining the privacy of our clients. Unless stated otherwise, this policy is relevant to the personal information of both our current and former clients, as well as other individuals we may deal with (for example, guarantors, directors and shareholders relating to our clients, or individuals we deal with in other capacities as part of our business).
What types of personal information do we collect and hold?
The personal information we collect and how we do so will vary based on why we are collecting the information, for example, if you are a client it will depend on the product or service we are providing. Information we collect may include:
- Information collected on application forms, questionnaires or other documentation or communications, such as your name, date of birth, residential and business addresses, telephone numbers, email and other electronic addresses, occupation, assets, expense, income, dependents and details about your business dealings and other events in your life
- Information about your transactions and products with us, our affiliates, or third parties, such as account balances, payment history and details about account activity and product use
- Sensitive information, including professional associations, membership of political associations, race, beliefs or health information. Unless required by law, we will only collect sensitive information with your consent
- Government identifiers such as your tax file number, driving license number, ABN or passport number (for example, to verify your identity at the time you request a product or service)
- Other information we think is necessary to your relationship with us such as the name and contact details of your professional advisers or representatives such as your solicitor or accountant information contained in identity documents that you may provide to us
We usually collect your personal information directly from you but sometimes we may need to collect personal information about you from third parties or publicly available records for example, we may use internet search engines, white pages, internet articles and social media when it is necessary for a specific purpose such as checking information that you have given us or where you have consented or would reasonably expect us to collect your personal information in this way.
Holding and protecting your personal information
Your personal information may be held in physical or electronic form on our systems or the systems of our service providers and is protected by physical, electronic and procedural safeguards. We apply a need to know/need to have policy which means that individuals are only given access to the information that they require in order to perform their duties. We also require our service providers to follow appropriate standards of confidentiality and security when holding and processing your information.
Consequences of not providing your personal information
If you do not provide your personal information, we may not be able to open an account for you; provide financial products and services; manage or administer your products or services; protect against fraud or let you know about other products or services that are available.
Purposes for which we may collect, use and disclose your personal information
We will collect personal information from you that is reasonably necessary for our business functions and activities and in accordance with the disclosed purpose.
Disclosure of personal information to third parties
We receive services from external service providers, and your information may be provided to them for this purpose. We may also disclose your personal information to third parties for the purposes listed above.
Third parties to whom we disclose your personal information may include any person to whom disclosure of your personal information is necessary in order for us to validly provide, manage, administer and/or enforce any services or transactions requested or authorized by you including:
- custodian, registry and agents or brokers to whom we delegate any of our duties, functions or obligations under any of our agreements with you
- any person with whom we enter into any contractual or other arrangement in relation to any of the services and facilities we provide or propose to provide to you including any guarantors, sureties, third party security providers and/or third-party service providers
- participants in financial and payment systems, such as other banks, credit providers and clearing entities
- organisations that maintain, review and develop our business systems, procedures and technology infrastructure, including testing or upgrading our computer systems
- Legal, audit, settlement and valuation and any other professional service providers under a duty of confidentiality to us
- Financial and other advisors, brokers and distributors who provide introducing services to us or to whom we provide introductions or referrals
- Insurers, assessors and underwriters
- Your guarantors and security providers
- Government or regulatory bodies (including ASIC and the ATO) as required or authorized by law (in some instances these bodies may share information with relevant foreign authorities)
- Fraud reporting agencies (including organisations that assist with fraud investigations and organisations established to identify, investigate and/or prevent any fraud, suspected fraud, crime, suspected crime or misconduct of a serious nature)
- Organisations wishing to acquire an interest in any part of our business from time to time
Requesting Access to your personal information
You have the right to access information we hold about you by contacting our Privacy Officer whose contact details can be found below. We will endeavour to respond within 30 days and there is no charge for making such a request.
However, to help us locate and provide the information you request we need you to be reasonably specific about the information you require and we will need to validate your identity (to ensure that we do not provide your information to anyone who does not have the right to that information).
There are some exceptions to your right of access to your personal information, factors affecting a right to access include where:
- Denying access is required or authorized by or under an Australian law or a court/tribunal order
- Access would prejudice enforcement activities or the taking of appropriate action in relation to unlawful activity or serious misconduct
- The information relates to existing or anticipated legal proceedings between you and the Company and would not be accessible by the process of discovery
- The information would prejudice negotiations with you
- Access would have an unreasonable impact on the privacy of others
- The information relates to a commercial sensitive decision-making process
- Access would be unlawful
- The request for access is frivolous or vexatious
- We reasonably believe that access would pose a serious threat to the life, health or safety of an individual, or to public health or public safety
Opting out of product promotions
We may use your personal information for the purposes of marketing our products and services. You can opt out of receiving direct marketing material at any time by contacting us (see “contacting us” below). If you do opt out, we will continue to provide information in relation to your existing accounts or facilities only (including new features or products related to these accounts/facilities).
Complaints and disputes
If you believe that we have not complied with the Privacy Act in relation to your personal information please raise this in writing with the Privacy Officer.
We will investigate all complaints and aim to resolve them within 45 days. If we cannot resolve your complaint within this period we will notify you as to the reasons why, specify a date when we expect a resolution and seek your agreement to extend this 45 day period (if you do not agree, we may then not be able to resolve your complaint).
Mr Tony Schultz
Managing Director and Privacy Officer
North Harbour Clean Energy
Telephone – +61 2 9137 4142
Email – firstname.lastname@example.org
We may make changes to this policy from time to time without notice, via uploading an updated version of the policy on our website.