This document sets out the policy of SME Business Coach Pty Ltd (ABN 52 614 450 172; ACN 614 450 172) Trading as SME Business Coach relating to the protection of the privacy of personal information.
This policy document is intended to enable website users and others who interact with the SME Business Coach to understand what types of personal information we collect, and what we do with such information in performing our functions and in light of our privacy obligations.
In some respects, the laws of jurisdictions outside Australia in which SME Business Coach operates have additional requirements binding SME Business Coach. We are committed to complying with all such requirements.
1.1. What is personal information?
Personal information means information or an opinion, whether true or not and whether recorded in a material form or not, about a living individual who is either identified or reasonably identifiable.
Examples include an individual’s name, address, contact number and email address.
1.2. Our obligations
SME Business Coach is required to comply with the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) (Privacy Act). The APPs regulate the manner in which personal information is handled throughout its life cycle, from collection/receipt to use and disclosure, storage, accessibility and disposal.
We are also required to comply with other laws, including more specific privacy legislation in some circumstances, such as:
applicable data protection and privacy legislation of the other national jurisdictions in which SME Business Coach operates.
applicable Australian State and Territory health privacy legislation (including the Victorian Health Records Act 2001) when we collect and handle certain health information; and
the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth).
1.3. Employee records
SME Business Coach is generally exempt from the Privacy Act when it collects and handles employee records. However, our policy is to protect the personal information of its employees as it does other personal information.
2.The purposes for which we collect, hold, use and disclose personal information
In Australia and around the world, SME Business Coach needs personal information to be able to perform its core functions.
SME Business Coach activities, in Australia and around the world, include:
Services and publications
Education, training and events
SME Business Coach may also collect, hold, use and disclose personal information for other purposes explained at the time of collection or:
2.2. Direct marketing
SME Business Coach may use personal information of SME Business Coach members and non-members, specifically your name and relevant address details and information about preferences for direct marketing, both as to the preferred communication channels for receiving direct marketing from SME Business Coach and the types of products and services of interest, to let people know about the SME Business Coach services, facilities and benefits and those of third party partners, contractors and/or suppliers to the SME Business Coach, where we have recipient consent.
Under Australian law, the SME Business Coach is not permitted to do so unless we have consent.
Where permitted by law to do so, SME Business Coach or our partners, contractors and/or suppliers may contact persons for direct marketing purposes in a variety of ways, including by mail, email, SMS, telephone, online advertising or facsimile.
SME Business Coach offerings may vary from time to time.
Communication of your consent
You may communicate your consent to SME Business Coach’s use of your personal data for Direct Marketing free of charge by:
when providing SME Business Coach with your personal data through our website, clicking on the button indicating your consent
when providing SME Business Coach with your personal data through a form, signing on the form indicating your consent; or
following the instructions in the document on which you are providing your personal data to SME Business Coach.
Subject to the above, where you have consented to receiving direct marketing communications from SME Business Coach, your consent will remain current until you advise us otherwise. However, you can, at no cost, opt out at any time, in the following ways:
members, prospective members and non-members of SME Business Coach can:
send an email to email@example.com
advise SME Business Coach if they receive a marketing call that they no longer wish to receive these calls; and
use the unsubscribe facility that SME Business Coach includes in our commercial electronic messages (such as emails and SMSs) to opt out of receiving those messages.
Notification of source
If SME Business Coach has collected the personal information that we use to send you direct marketing material from a third party (for example a direct mail database provider), under Australian law you can ask us to notify you of our source of information, and SME Business Coach’s policy is to do so unless this is unreasonable or impracticable.
3.The kinds of personal information we collect and hold
The type of personal information that SME Business Coach collects and holds about you depends on the type of dealings that you have with us. For example, if you:
join as a member of SME Business Coach, we collect information including your name, address, contact number, gender, date of birth, address, email address, proof of identity details, employment details, including your primary focus, for example taxation, educational qualifications, academic results, accreditation and CPD details, communication preferences and payment details; and we allocate you a member number and membership status
contact SME Business Coach with an enquiry, if you do not take advantage of the option to use anonymity or pseudonymity, depending on the nature of the enquiry, we record details about you and relating to the enquiry
attend a SME Business Coach conference or seminar, we collect your contact details, address, Membership number (if applicable), employment details, payment details and any dietary and accessibility requirements
are a supplier to SME Business Coach, we collect contact address details, usually including but not limited to all forms of contact and address, billing information and information about the goods or services you supply
buy or otherwise obtain professional information and materials from SME Business Coach, we collect contact address details and billing information including credit card or other payment details
apply for a job in SME Business Coach, we collect the information you include in your application for employment, including your cover letter, resume, contact details and referee reports
are an academic, or industry experts or media contact of the SME Business Coach
are a member of the general public who contacts SME Business Coach who elects not to rely on anonymity or pseudonymity, we collect contact address details, usually including but not limited to email addresses and phone numbers and details about the reason for the contact; and
In each case, we seek to keep the personal information we need updated and accurate.
3.2. Sensitive information
Under Australian law, sensitive information is a subset of personal information that is generally afforded a higher level of privacy protection. Sensitive information includes health and genetic information and information about 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, criminal record and some types of biometric information.
SME Business Coach’s policy is only to collect sensitive information where it is reasonably necessary for our functions or activities and either:
the individual has consented; and
we are required or authorised by or under law (including applicable privacy legislation) to do so.
For example, we may collect:
information about your membership of other professional associations (such as Chartered Accountants Australia and New Zealand)
information about dietary requirements or mobility needs when we conduct events such as conferences and seminars
information with regard to criminal convictions in relation to SME Business Coach members and prospective members
3.3. Collection of information through our website
Most internet browsers are set to accept cookies. If you prefer not to receive them, you can adjust your internet browser to reject cookies, or to notify you when they are being used. There are also software products available that can manage cookies for you. Rejecting cookies can, however, limit the functionality of our website (such as preventing users from logging on and making purchases).
3.4. What if you don’t want to provide your personal information?
SME Business Coach’s policy is to provide individuals with the option of not identifying themselves, or of using a pseudonym, when dealing with us if it is lawful and practicable to do so. A pseudonym is a name or other descriptor that is different to an individual’s actual name.
For example, the SME Business Coach’s policy is to enable you to access our website and make general phone queries without having to identify yourself and to enable you to respond to our surveys anonymously.
In some cases however, if you don’t provide us with your personal information when requested, we may not be able to respond to your request or provide you with the product or service that you are seeking.
4.How we collect and hold personal information
4.1. Methods of collection
SME Business Coach is required by the Privacy Act also to collect personal information only by lawful and fair means. If it is reasonable and practicable, we will collect personal information we require directly from you.
SME Business Coach collects personal information in a number of ways, including:
over the telephone
through written correspondence (such as letters, faxes and emails)
on hard copy forms (including event registration forms, network registration forms competition entry forms and surveys)
in person (for example, at job interviews and in exams)
through our website (for example, if you make an online purchase or complete and submit a web form such as the Update my Profile form or a SME Business Coach membership application form, or if you participate in a live chat)
at seminars and functions (for example, if you fill out an assessment form or leave us your business card)
electronic systems such as applications
from third parties, including:
educational providers that assist us in running our educational programs (including organising and conducting assessments)
direct marketing database providers
public sources, such as telephone directories, membership lists of business, professional and trade associations, public websites. ASIC searches, bankruptcy searches and searches of court registries; and
4.2. Collection notices
Where SME Business Coach collects personal information directly from you, SME Business Coach’s policy is to take reasonable steps to notify you of certain matters. We do this at or before the time of collection, or as soon as practicable afterwards. The matters include:
our identity and how to contact us
the purposes for which we are collecting the information
whether the collection is required or authorised by or under an Australian law or a court or tribunal order
the third parties (or types of third parties) to whom we would normally disclose information of that kind
whether any of those third parties are located overseas and, if practicable to specify, the countries in which they are located; and
SME Business Coach will generally include these matters in a collection notice. For example, where personal information is collected on a paper or website form, we will generally include a collection notice, or a clear link to it, on the form.
SME Business Coach collects information about you from a third party, our policy is to take reasonable steps to make sure that you are made aware of the collection details listed above and, if you may not be aware that that we have collected the information, of the fact and circumstances of the collection.
4.3. Unsolicited information
Unsolicited personal information is personal information SME Business Coach receives that we have taken no active steps to collect (such as an employment application sent to us by an individual on their own initiative, rather than in response to a job advertisement).
We may keep records of unsolicited personal information if the Privacy Act permits it (for example, if the information is reasonably necessary for one or more of our functions or activities). If not, the SME Business Coach’s policy is to destroy or de-identify the information as soon as practicable, provided it is lawful and reasonable to do so.
5.Disclosure of personal information to third parties
Under SME Business Coach’s policy, personal information may be disclosed to the following third parties where appropriate for the purposes set out under heading 2 above:
financial institutions for payment processing
persons involved in external dispute resolution involving SME Business Coach
universities and other educational service providers involved with or engaged by SME Business Coach for professional programs
marketing leads to SME Business Coach
regulatory bodies for Anti-Money Laundering and Counter-Terrorism, and combatting fraud and other crime, in compliance with legislative requirements
bodies such as the Financial Ombudsman Service for the resolution of complaints and disputes
ASIC and similar bodies to comply with our legal obligations
referees whose details are provided to us by job applicants
SME Business Coach’s contracted service providers, including:
information technology service providers
publishers of our newsletters, student handbooks and course material
marketing and communications agencies
call centres and call training centres (including the third party that conducts member surveys on our behalf)
mailing houses, freight and courier services
printers and distributors of direct marketing material
external business advisers (such as recruitment advisers, auditors and lawyers)
transcript recording service providers, in relation to disciplinary proceedings
regulatory bodies as required by law
In the case of these contracted service providers, SME Business Coach may disclose personal information to the service provider and the service provider may in turn provide us with personal information collected from you in the course of providing the relevant products or services.
Personal information may also be disclosed to third parties with the consent of the record subject.
6.Cross border disclosure of personal information
Under heading 5 above, we set out a wide variety of situations in which personal information may be disclosed. In some of those situations, the disclosure may be to parties located overseas.
In each case, SME Business Coach’s policy is to comply with the requirements of the Privacy Act that apply to cross border disclosures of personal information, as well as with any legal requirements applicable in the relevant jurisdiction.
7.Use of government related identifiers
SME Business Coach’s policy is to not:
use a government related identifier of an individual (such as a Medicare number or driver’s licence number) as our own identifier of individuals
otherwise use or disclose such a government related identifier; and
unless this is permitted by the Privacy Act (for example, where the use or disclosure is required or authorised by or under an Australian law or a court or tribunal order).
8.Data quality and security
SME Business Coach holds personal information in a number of ways, including in electronic databases, email contact lists, and in paper files held in drawers and cabinets, locked where appropriate. Paper files may also be archived in boxes and stored offsite in secure facilities. SME Business Coach’s policy is to take reasonable steps to:
make sure that the personal information that we collect, use and disclose is accurate, up to date and complete and (in the case of use and disclosure) relevant; and
protect the personal information that we hold from misuse, interference and loss and from unauthorised access, modification or disclosure.
You can also help us keep your information up to date; by letting us know about any changes to your personal information, such as your email address or phone number.
The steps we take to secure the personal information we hold include ICT security, secure office access, personnel security and training and workplace policies.
While SME Business Coach strives to protect the personal information and privacy of website users, we cannot guarantee the security of any information that you disclose online and you disclose that information at your own risk. If you are concerned about sending your information over the internet, you can contact the SME Business Coach by phone or post.
You can also help to protect the privacy of your personal information by keeping passwords secret and by ensuring that you log out of the website when you have finished using it. In addition, if you become aware of any security breach, please let us know as soon as possible.
Third party websites
9.Access and correction of your personal information
Individuals have a right to request access to the personal information that SME Business Coach holds about them and to request its correction.
SME Business Coach’s policy is to provide you with access to your personal information, subject to some exceptions permitted by law. We may provide access in the manner that you have requested provided it is reasonable and practicable for us to do so. We may however charge a fee to cover our reasonable costs of locating the information and providing it to you.
If you ask SME Business Coach to correct personal information that we hold about you, or if we are satisfied that the personal information we hold is inaccurate, out of date, incomplete, irrelevant or misleading, SME Business Coach’s policy is to take reasonable steps 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.
If SME Business Coach corrects personal information about you, and we have previously disclosed that information to another agency or organisation that is subject to the Privacy Act, you may ask us to notify that other entity. If so, SME Business Coach’s policy is to take reasonable steps to do so, unless this would be impracticable or unlawful.
Timeframe for access and correction requests
Except in the case of more complicated requests, SME Business Coach will endeavour to respond to access and correction requests within 30 days.
What if we refuse your request for access or correction?
If SME Business Coach refuses your access or correction request, or if we refuse to give you access in the manner you requested, the SME Business Coach’s policy is to provide you with a written notice setting out:
the reasons for our refusal (except to the extent that it would be unreasonable to do so); and
available complaint mechanisms.
In addition, if we refuse to correct personal information in the manner you have requested, you may ask us to associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, and we will take reasonable steps to associate the statement in such a way that will make it apparent to users of the information.
If you have a complaint about how SME Business Coach has collected or handled your personal information, please email firstname.lastname@example.org.
Our Privacy Officer will endeavour in the first instance to deal with your complaint and take any steps necessary to resolve the matter within one week.
If your complaint can’t be resolved at the first instance, we will ask you to complete a Privacy Complaint Form, which details (for example) the date, time and circumstances of the matter that you are complaining about, how you believe your privacy has been interfered with and how would you like your complaint resolved.
We will endeavour to acknowledge receipt of the Privacy Complaint Form within five business days of receiving it and to complete our investigation into your complaint in a timely manner. This may include, for example, gathering the facts, locating and reviewing relevant documents and speaking to relevant individuals.
In most cases, we expect that complaints will be investigated and a response provided within 30 days of receipt of the Privacy Complaint Form. If the matter is more complex and our investigation may take longer, we will write and let you know, including letting you know when we expect to provide our response.
Our response will set out:
what action, if any, SME Business Coach will take to rectify the situation.
If you are unhappy with our response, you can refer your complaint to the Office of the Australian Information Commissioner or, in some instances, other regulatory bodies.
11.Retention of personal data
All personal data that has been collected from you by SME Business Coach will only be kept for a limited duration that is relevant to the purpose for which your personal data is to be used and for as long as required by applicable law.
Please contact SME Business Coach if you have any queries about the personal information that we hold about you or the way we handle that personal information. Our contact details for privacy queries and complaints are set out below.
13.Changes to this policy
Copyright 2017 SME Business Coach