W Talent is subject to the Privacy Act 1988 (‘the Act’). The Act regulates how the W Talent collects, uses, stores and discloses Personal Information. In this regard, W Talent is committed to protecting the privacy of its clients, maintaining the confidentiality of their Personal Information and applying the Australian Privacy Principles (‘APP’).
1. Personal and Sensitive Information
W Talent may at times collect personal and sometimes sensitive information e.g. financial records and tax file numbers about its clients in order to provide its services. W Talent is committed to only collecting Personal Information which is necessary for the provision of its services and the operation of W Talent.
The provision of Personal Information by our clients is optional. However, W Talent’s ability to provide its services may be limited should the client choose not to provide the required Personal Information. If that occurs, W Talent may end its engagement with the client.
W Talent will only collect Personal Information by lawful and fair means, and which is relevant to the scope of services required. If the need arises, further Personal Information may need to be collected from the client in the future. W Talent will not collect Personal Information unless the information is reasonably necessary for W Talent to conduct the client’s matter.
When W Talent collects Personal Information about a client, W Talent will take reasonable steps at or before the time of collection to ensure that the client is aware of certain key matters, such as:
- the identity of W Talent;
- the fact that the information has been collected;
- whether the information was required under an Australian law, or court/tribunal order, and the details of the law, court or tribunal;
- the purposes for which information is collected;
- the main consequences (if any) of not collecting the information;
- the organisations (or types of organisations) to which W Talent would normally disclose information of that kind;
- the fact that the client is able to access the information;
- how to complain about a breach of an APP; and
- whether the information is likely to be disclosed to overseas
3. Sensitive Information
W Talent will not collect Sensitive Information unless:
- the information is reasonably necessary for W Talent to conduct the matter or;
- the collection of the information is required or authorised by or under an Australian law or a court/tribunal order;
- a Permitted General Situation exists in relation to the collection of the information by W Talent; or
- a Permitted Health Situation exists in relation to the collection of the information by W Talent.
4. Disclosure by the W Talent
Clients agree W Talent can disclose Personal Information to third party’s e.g. other agents, lawyers, accountants, banks, witnesses and government agencies if it is required as part of W Talent providing its services. The client will, if it requests W Talent in writing, be provided with details of the recipient. W Talent will use its best efforts to provide its services without the need to disclose Personal Information and will obtain consent from the client should the need for disclosure other than in the ordinary course of the provision of its services arise, except where the information must be provided by W Talent under:
- an Australian law; or
- a court/tribunal order; or
- other legal
5. Disclosure for a secondary purpose
W Talent will not use or disclose Personal Information for a secondary purpose unless:
- it has obtained consent to do so,
- the client would reasonably expect W Talent to use or disclose the information for the secondary purpose which is directly related to the primary purpose;
- it is required or authorised under an Australian law or court/tribunal order;
- a Permitted General Situation exists;
- a Permitted Health Situation exists; or
- W Talent believes it reasonably necessary for one or more enforcement activities by, or on behalf of an enforcement
Where W Talent has used or disclosed information under (b) – (f) above, W Talent will take steps as are reasonable to ensure the information is de-identified before being used or disclosed.
6. Transfer of Personal Information overseas
If W Talent is required to transfer any Personal Information outside Australia, W Talent will comply with the provisions of the Act which apply to cross border data flows. W Talent will only transfer Personal Information overseas where the context of the matter requires it. W Talent will first take reasonable steps to ensure the recipient does not breach the APPs in relation to the information, except where:
- W Talent believes the recipient is subject to a scheme offering the same protection as the APPs, and there are mechanisms for the client to enforce that protection;
- after being told that if the client consents to the disclosure, W Talent is not required to ensure that the recipient conforms to the APP, and the client consents regardless;
- the disclosure is required or authorised under an Australian law or court/tribunal order; or
- a Permitted General Situation (other than the situation referred to in item (g) or (h) of the definition of Permitted General Situation below) exists in relation to the disclosure of the information by the
Where possible, and if directed by a client, the client will not be required to identify themselves when dealing with W Talent in relation to a particular matter. The client will be required to identify themselves however where:
- W Talent is required or authorised under an Australian law or a court/tribunal order to deal only with clients who have identified themselves; or
- it is impractical for W Talent to deal with clients who have not identified
Generally, a client will be required to identify themselves when they are a client of W Talent. However, W Talent will not disclose a client’s identity to a third party unless the matter necessitates it, or as directed by the client. W Talent will not adopt a government related identifier of a client (including those assigned by a state or territory) as its own.
8. Unsolicited Personal Information
If W Talent receives unsolicited Personal Information, W Talent will determine as soon as possible, whether the information is required for the client’s purposes with W Talent. If the information is not required, provided it is lawful and reasonable to do so, W Talent will either destroy the information, or ensure that it is made known to the client.
W Talent will use all prudent methods to keep all Personal Information safe and secure from unauthorised access through the use of firewalls, anti-virus software and secure filing systems. Where the Personal Information is no longer required for the purpose for which it was disclosed, and W Talent is not required by law to retain it, W Talent will take reasonable steps to destroy the information.
10. Data Breach Response
W Talent will continue to comply with its ongoing obligations under the Act to take reasonable steps to protect Personal Information from misuse, interference and loss and from unauthored access, modification and disclosure. In the event that a data breach is detected and is determined to likely result in serious harm to a client, W Talent will take all reasonable steps to contain the suspected or actual breach and will notify the Office of the Australian Information Commissioner as well as the client in accordance with the Act. A formal review will be conducted by W Talent following any data breach in order to investigate the cause and develop an action plan.
11. Access to Personal Information
Clients are entitled to access their Personal Information held by W Talent, provided that one of the following exceptions does not apply:
- W Talent reasonably believes that giving access would pose a serious threat to the life, health or safety of a client, or to public safety;
- giving access would in W Talent’s opinion, have an unreasonable impact on the privacy of other individuals / clients;
- the request for access is frivolous or vexatious;
- the information relates to existing or anticipated legal proceedings between W Talent and the client, and would not be accessible through the process of discovery in those proceedings;
- giving access would reveal the intentions of W Talent in relation to negotiations with the client in such a way as to prejudice those negotiations;
- giving access would be unlawful;
- denying access is required or authorised by or under an Australian law or a court/tribunal order;
- both of the following apply:
- W Talent has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to W Talent’s functions or activities has been, is being or may be engaged in;
- giving access would be likely to prejudice the taking of appropriate action in relation to the
- giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
- giving access would reveal evaluative information generated within W Talent in connection with a commercially sensitive decision-making
Upon request by a client for access to Personal Information, W Talent will respond and provide access within a reasonable time, if it is reasonable and practical to do so. If W Talent refuses to give the client access to the Personal Information for a reason detailed above, W Talent must:
- endeavour to take reasonable steps to give access in a way that meets the needs of W Talent and the client; or
- provide a written notice to the client that sets out:
- 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;
- the mechanisms available to complain about the refusal; and
- any other matter prescribed by the regulations to the
W Talent may charge a reasonable fee to the client for costs incurred in providing the information to the client.
12. Information Integrity
W Talent wishes to maintain the integrity of the Personal Information that it holds by updating its databases as required. Clients are encouraged to notify W Talent immediately if there is a change to their Personal Information by contacting W Talent’s Privacy Officer on (02) 6162 0681.
If W Talent is satisfied that Personal Information about a client held by W Talent, having regard to the reason the Personal Information is held, is inaccurate, out of date, incomplete, irrelevant or misleading, or the client requests W Talent to update or correct the Personal Information, then W Talent will take all reasonable steps to correct the information. The client may request that W Talent update the Personal Information provided by W Talent to any other entity on behalf of the client.
Even if requested to do so, W Talent may refuse to correct Personal Information, in which case W Talent will give the client a written notice setting out:
- the reasons for the refusal to correct the Personal Information (except where it would be unreasonable to provide those reasons);
- mechanisms available to the client to complain about the refusal; and
- any other matter prescribed by
Where W Talent has refused to correct the Personal Information of a client, the client may request that W Talent associate a statement with the Personal Information that the Personal Information is inaccurate, out of date, incomplete, irrelevant or misleading. The statement will be made apparent to users of the Personal Information.
Where a request is made by a client to update or attach a statement to the information, W Talent will respond within a reasonable period after the request is made.
13. Credit Card Information
Credit card information may be obtained for payment processing only. Credit card information is not stored on the W Talent’s database, however receipts will be kept on file or with our accounts department.
14. Names and addresses
W Talent values its clients greatly. It does keep a record of clients’ names and addresses for ensuring that there is no conflict in acting for certain clients. W Talent also uses this list for its own marketing and distribution of material, and as a client, unless you tell us, W Talent assumes you agree to receive material from us. However, this information is not and will not be divulged outside W Talent, and a client can, of course, at any time, request to be removed from any list or mail or email material, and W Talent will happily do so.
W Talent will promptly correct any error about a client’s Personal Information as soon as it is brought to W Talent’s attention. Information on accessing Personal Information records may be obtained by contacting W Talent’s Privacy Officer.
Clients may contact W Talent’s Privacy Officer if a client has any concerns or complaints about the manner in which Personal Information has been collected or handled by W Talent.