We deal with personal information in accordance with the Privacy Act 1988 (Cth) and the Privacy Act 1993 (New Zealand) (each a Privacy Act). We also comply with the Spam Act 2003 (Cth) and the Unsolicited Electronic Communications Act 2007 (New Zealand) which impose restrictions on sending commercial electronic messages.
1. Privacy guidelines for our members, students and other parties
1.1 What kinds of personal information does Black Book Management® collect and hold?
The personal information that we may collect and hold about you includes your name, title, business and personal postal and street addresses, e-mail addresses, telephone numbers and any other contact information, place and date of birth, gender, qualifications, education (including transcripts), employment details, business details, recommendation and reference letters, the languages you speak, social media information, information relating to the complaints, enquiries and/or referrals you have made to us and any complaints, enquiries and/or referrals made about you, records of some of your communications and other interactions with us, the information collected during any legal matters or other action, information about reviews/audits performed on you or your business/practice, payment information (including history) and your personal information generally, including your employment history and activities and details of service on boards, committees and councils.
We may also collect sensitive information (which is a form of personal information) from you and/or third parties whether in Australia, New Zealand or elsewhere with your consent which includes health information about you (including dietary requirements and religious beliefs where those beliefs are relevant to your dietary requirements), information about whether you are a member of a professional or trade association, your criminal record, religious beliefs or affiliation, philosophical beliefs, racial or ethnic origin, political opinions and other sensitive information (to the extent it is reasonably necessary for one or more of our functions or activities).
1.2 How does Black Book Management® collect your personal information?
We collect personal information about you when it is reasonably necessary for one or more our services, products, opportunities, benefits, offers, events, activities and/or functions (Services/Products). This personal information is collected in a number of ways, including:
• When you apply, enrol or register (including online) for Services/Products(offered by or on behalf of Black Book Management®), when you visit, use or register on our websites or social media accounts, apply for, enquire about or request Services/Products, when you complete a survey, apply to become a member, client, sponsor, supporter, contact or affiliate, or register on our database, enter into a competition, apply for an opportunity, benefit or offer, or otherwise contact, do business or interact with us;
• From application, enrolment, registration or subscription forms, phone calls, faxes, e-mails, SMS, direct messaging, social media, letters, documents provided to us (including from employers, managers, agents, publicists, lawyers, accountants and other professionals or bodies, regulators, government and statutory bodies, members of the public and third parties in Australia, New Zealand, or elsewhere)and in person;
• When you apply for work or to perform or be provided with Services/Products on behalf of or fromBlack Book Management®; and
• Through acquired contact lists.
1.3 What would happen if we did not collect your personal information?
Without your personal information, we may not be able to contact you or otherwise interact or communicate with you, process your application, enrolment, registrationor request, perform our legal, management, concierge and other functions, obligations and responsibilities, or provide you with some or all of our Services/Products.
1.4 Use of personal information
Black Book Management® generally collect, hold, use and disclose personal information for:
• Processing and assessing applications, registrations, requests and renewals, updating personal and business details and profiles, fulfilling an order or request for information or a Service/Product;
• Communicating on any matters relevant to your relationship, affiliation or interaction with Black Book Management® including in the provision ofany Services/Products or information relating to such;
• Fulfilling our role as a professional service provider by maintaining information and records, providing information on Services/Products and conducting research and other activities relevant to our clients and contacts;
• Sending out information relevant to the functions, responsibilities and obligations of Black Book Management® and our Products/Services;
• For promotional, commercial and marketing purposes, including sending you information about Black Book Management® Services/Products;
• Organising and hosting training and events (including with third parties);
• Conducting competitions;
• Assessing suitability for employment or the provision of services by independent contractors;
• Assessing suitability for appointment to a committee or group of Black Book Management®;
• Dealing with other bodies and fulfilling our contractual and other obligations, including with overseas bodies (for instance where we may have arrangements, relating to or confirming your status, affiliation and/or standing with Black Book Management®, including your status as a client or former client);
• Managing complaints, including undertaking investigations, implementing procedures and providing information to Australian and overseas regulators, government and statutory bodies in relation to such. Such use and disclosure may involve sensitive information, such as an individual’s criminal record;
• A purpose directly or indirectly related to any of the purposes/uses identified above; and
• Providing information to third parties as authorised or required by law (including the Privacy Act) or a court/tribunal order.
1.4.1 Opt-out for marketing
For direct marketing messages (i.e. commercial electronic messages) that are subject to the Unsolicited Electronic Messages Act 2007 (New Zealand) and which are not subject to the SPAM Act 2003 (Cth), you agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007 (New Zealand), that the person sending such direct marketing messages need not include a functional unsubscribe facility in those messages.
Our website may contain hyperlinks to websites operated by third parties. We are not responsible for the content of such websites, or the manner in which those websites collect, store, use or distribute any personal information you provide. When you visit third party websites from hyperlinks displayed on our website, we encourage you to review the privacy policies of those websites so that you can understand how the personal information you provide may be collected, stored, used and distributed.
1.5 Disclosure of personal information
• Confirm your affiliation with us to the public, unless you expressly ask us not to do so in writing;
• Disclose personal information about you to overseas recipients where relevant to the services, products and opportunities we provide. The recipients of such information may be located in New Zealand, Australia, the United Kingdom, United States of America, Hong Kong, China, Singapore, Canada, South Africa and India;
• Disclose personal information to Black Book Management® related entities, businesses, partners, sponsors, clients, committees or groups which may or may not be comprised of members, directors or personnel of Black Book Management®;
• Disclose a client’s practice and/or business details, including address, email, telephone and other practice/business information if provided (unless specifically advised not to) to the public;
• Disclose personal information to third parties or persons associated or affiliated with Black Book Management® appointed to provide services to Black Book Management® or deliver a Black Book Management®product, service or event.
• Disclose personal information to third parties or persons associated or affiliated with Black Book Management® in order to enable a particular product or service to be fulfilled, including for the purpose of investigating, determining or dealing with any matter and/or organising mediation and other resolution of a dispute;
• Disclose the details of a mediation and/or dispute being facilitated by or on behalf of Black Book Management®to each of the parties involved, the mediator and any other relevant parties, including all information related to the mediation or dispute;
• Disclose the personal information of employment and contractor applicants to recruiters and recruiting personnel for the purpose of assessing suitability for employment or contract work;
• Disclose personal information to government and statutory bodies and authorities where required or authorised by Australian or New Zealand law (including a Privacy Act) or a court/tribunal order.
1.6 Access and correction of personal information
Individuals may request access to their personal information and request its correction by writing to Black Book Management®’s Privacy Officer (details below).
We will in most cases provide an individual access to their personal information. There are some exceptions where this access may be denied, namely where:
• Providing access may have an unreasonable impact on the privacy of other individuals;
• Providing access would be unlawful or would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, the Institute or an enforcement body;
• Providing access would reveal the intentions of Black Book Management® in relation to negotiations with the individual in such a way as to prejudice those negotiations;
• We have reason to suspect that unlawful activity, or misconduct of a serious nature, relating to our functions or activities has been, is being or may be engaged in; and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;
• Giving access would reveal evaluative information generated within Black Book Management® in connection with a commercially sensitive decision-making process;
• We reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
• The request for access is frivolous or vexatious; or
• Where we are otherwise permitted by a Privacy Act to do so.
To request access and seek the correction of, personal information held by Black Book Management®, please contact:
Black Book Management®
1.7 Security of Personal Information
Black Book Management® holds the personal information it collects on electronic databases and in hard copy records. We take reasonable steps to protect the security of personal information against the loss, misuse, interference and/or unauthorised access, disclosure or alteration of information under our control. These security measures include:
• Firewalls - to prevent the hacking of our database;
• Clauses in employee agreements requiring confidentiality and compliance with privacy legislation;
• Appropriate security access to Black Book Management® systems; and
• The use of passwords for access to database information.
Where appropriate, we use secure transmission facilities. However, no transmission of information over the Internet can be guaranteed to be completely secure and we do not warrant the security of any information transmitted by or to us over the Internet.
2. Privacy concerns
If you would like any further information about our handling of personal information or to make a complaint about something you believe breaches a Privacy Act, please lodge a written complaint addressed to our Privacy Officer using the contact details above. Once we receive your complaint, we will respond to your complaint within a reasonable period of time, usually 30 days.
If you are unsatisfied with the handling of your complaint, you may contact us further to advise of your concerns and, if we are unable to reach a satisfactory resolution, you may wish to take your complaint to the Office of the Australian Information Commissioner (OAIC) (AUS) or the Office of the Privacy Commissioner (OPC) (NZ) for a review of your complaint.
4. Additional information
You are expected to read, understand, agree/consent and comply with the terms of this Policy.