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Privacy Policy – Hamilton Care

Privacy Policy

We’ve recently updated our Privacy Policy (“Policy”). The updated Policy will automatically come into effect on 18 August 2023. Your continued use of the Platform from that date onwards will be subject to this updated Policy. Please read this Policy carefully.

1. About this Policy

1.1 What this Policy is about

Hamilton Care and Disability Support Pty Ltd is committed to respecting and protecting the privacy of the information provided by you when you engage with Hamilton Care and Disability Support Pty Ltd, including when you access and use the Platform. Hamilton Care and Disability Support Pty Ltd is bound by and complies with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs) and other relevant privacy laws.

This Policy applies to Hamilton Care and Disability Support Pty Ltd Pty Ltd, its holding company Hamilton Care and Disability Support Pty Ltd Holdings Pty Ltd and their subsidiaries (Hamilton Care and Disability Support Pty Ltd Group). This Policy describes how we collect, use, store and disclose your personal information in connection with your interaction and engagement with Hamilton Care and Disability Support Pty Ltd and your access to and use of the Platform.

If you see a term in this Policy that is capitalised and undefined, it has the same definition as in our Terms of use.

1.2 Your agreement to this Policy

By accessing the Platform you confirm that you have read and agree to the terms of this Policy and consent to your personal information (including, your sensitive information) being collected, stored, used and disclosed in accordance with this Policy and any applicable collection notice. Please read this Policy carefully to understand our practices regarding your personal information. If you do not accept this Policy or any part of it, you must not use or access the Platform. 

1.3 Changes to this Policy

We reserve the right to modify this Policy at any time in accordance with this provision. If we make changes to this Policy, we will upload the revised Policy to the Platform. Changes to this Policy will come into effect immediately upon such changes being uploaded on the Platform. Your continued use of the Platform following such upload will constitute your acceptance of any changes.

If we make a material change to this Policy, we will notify you either by posting a notice of the changes on the Platform and/or via the email address nominated by you in your Account. If you disagree with the revised Policy, you may terminate your agreement with Hamilton Care and Disability Support Pty Ltd (in accordance with the terms of the relevant agreement), cease using the Platform and deactivate your Account. 

2. Kinds of information we collect

2.1 Your engagement with Hamilton Care and Disability Support Pty Ltd

There are many ways that you can engage with Hamilton Care and Disability Support Pty Ltd, its representatives or the Platform including (but not limited to) via telephone, email, post or in person.

Depending on how you engage with Hamilton Care and Disability Support Pty Ltd and its representatives and use the Platform, we may ask you to share, or may collect your ‘personal information’.

2.2 Personal information

Under the Privacy Act, ‘personal information’ includes any information or opinion that identifies or can be used to identify, contact or locate you. Common examples include your name, address, telephone number or date of birth. Whether you choose to share your personal information (including your sensitive information) is completely up to you, but you may not be able to access some areas of the Platform or effectively use the services offered through the Platform without providing Hamilton Care and Disability Support Pty Ltd with certain personal information.

2.3 Types of personal information

The types of information that we collect from you depends on your dealings with Hamilton Care and Disability Support Pty Ltd. Below is a non-exhaustive list of the four general categories of information we collect.

2.3.1 Information you give us

We generally collect the following personal information from you through the Platform (including if you upload information or material via the Platform), or via telephone, email, post or in person.

2.3.1.a Account Information: We may ask for and collect your:

  1. first name;
  2. last name;
  3. date of birth;
  4. residential and postal address;
  5. email address;
  6. telephone number;
  7. profile picture;
  8. academic qualifications and certifications (if any);
  9. expertise and experience;
  10. employment history;
  11. personal interests;
  12. gender;
  13. language preferences;
  14. hourly rates;
  15. availability;
  16. support requirements;
  17. vaccination status; 
  18. living arrangements, including information about the individuals you live with and receive care and support from (as appropriate);
  19. background information about you including your criminal record and any geographical or other limitations or preferences; and
  20. lifestyle or biography details to be included in your Profile.

2.3.1.b Identity verification information: We may ask for and collect identity verification information (such as, your Tax File Number, Australian Business Number, business name, copies of your government issued ID, passport, or drivers licence) or other authentication information to verify your identity.

2.3.1.c Financial Information: We may require you to provide certain financial information, such as your bank account details, insurance status, superannuation fund details, your National Disability Insurance Scheme (NDIS) number, NDIS plan details or credit card information.

2.3.1.d Communications with Hamilton Care and Disability Support Pty Ltd and other Users: When you communicate with Hamilton Care and Disability Support Pty Ltd or use the Platform to communicate with other Users, we monitor, record and store those communications and any information you choose to provide to Hamilton Care and Disability Support Pty Ltd and other Users.

2.3.1.e Job applications: If you apply for a job at Hamilton Care and Disability Support Pty Ltd, we will collect information that you provide about your employment history, qualifications and ability.

2.3.2 Information we automatically collect from you

When you use the Platform, we automatically collect certain information from you, including personal information.

2.3.2.a Usage information: We collect information about your interactions with the Platform such as the pages or content you view, your searches, your Bookings, your communications with other Users and other actions you take on the Platform.

2.3.2.b Engagement records: If you contact Hamilton Care and Disability Support Pty Ltd, for example, via the Platform or by telephone, email, post or in person, we automatically record any personal information that you provide to us, including recording and holding any documents you upload via the Platform. 

2.3.2.c Log Data and Device Information: We automatically collect log data and device information when you access and use the Platform. That information includes, among other things, a recording showing how you used the Platform, your clicks, scrolls and activities on the Platform, your IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Platform. We use this type of information to administer the Platform and to analyse trends.

2.3.2.d Cookies: We collect some anonymous information about how you use the Platform by setting and accessing cookies on your computer. A cookie is a small text file that allows our system to identify and interact more effectively with your computer or device. These cookies track information such as how often you visit the Platform, what pages you view, and where you go after you leave the Platform. The cookies track your computer, not you. You can configure your web browser to restrict or disable cookies, however, this may cause some parts of the Platform not to have full functionality.

2.3.2.e Payment Transaction Information: We collect information related to your payment transactions through the Platform, including the payment instrument used, payment dates and times, payment amounts, your billing postcode, address and other related transaction details. 

2.3.3. Information we collect from third parties

Hamilton Care and Disability Support Pty Ltd may collect personal information about you, including sensitive information, from third parties. We do not control, supervise and are not responsible for how those third parties process your personal information. Any information request regarding the disclosure to us of your personal information by a third party, should be directed to those third parties.

2.3.3a Information received from an Account Manager: An Account Manager may manage an Account on behalf of a Client in certain circumstances. If an Account Manager intends to provide Hamilton Care and Disability Support Pty Ltd with personal information (including sensitive information) about any other person the Account Manager warrants that they have the relevant person’s consent before providing us with that information and acknowledges that Hamilton Care and Disability Support Pty Ltd will be relying on the Account Manager’s warranty when receiving the other person’s personal and sensitive information. 

2.3.3.b Third Party Services: If you link, connect, or login to the Platform or your Account through a third party service (e.g. Google, Facebook) the third party service may send us information such as your profile information from that service. This information varies and is controlled by that service or as authorised by you via your privacy settings with that service. The use of these technologies allows those third party services to evaluate your use of the Platform and other websites, deliver customised advertising content, measure the effectiveness of their advertising, and provide other services relating to website activity and internet usage.

2.3.3.c Information from the NDIS participant portal: If you have an NDIS plan, we may use your NDIS number or your name to access your information through the NDIS participant portal. We may access information such as the start and end date of your NDIS plan, your NDIS funding categories and any other information that you choose to share through the NDIS participant portal.

2.3.3.d Advertising Services: If you click on an online Hamilton Care and Disability Support Pty Ltd advertisement (e.g. ads on Google) the third party service hosting that advertisement will collect certain information and will provide that information to us to allow us to measure the effectiveness of our advertising.

2.3.3.e Information from other Users: We may receive personal information about you from other Users. 

2.3.3.f Information from organisations and service providers you engage with: We may receive personal information about you from plan managers, the NDIA, support coordinators and other disability support service providers that you engage with.

2.3.3.g Your References: If someone has provided Hamilton Care and Disability Support Pty Ltd with a reference about you, it will be held and stored by Hamilton Care and Disability Support Pty Ltd. References may be published on your Profile.

2.3.3.h Background Information: As required and permitted by applicable laws, Hamilton Care and Disability Support Pty Ltd may obtain police, background, NDIS worker screening and other checks on you. We may use your personal information, including your full name and date of birth, to obtain such reports.

2.3.4 Sensitive information

‘Sensitive information’ is a type of personal information and includes:

  • health information including vaccination status;
  • racial or ethnic origins;
  • political opinions;
  • membership of a political association, professional or trade association or trade union;
  • religious or philosophical beliefs or affiliations;
  • sexual orientation or practices;
  • criminal record; and
  • biometric information.

Hamilton Care and Disability Support Pty Ltd will only collect your sensitive information if: 

  1. it is required or authorised by law; or
  2. you consent to the collection of the information (such consent includes you uploading a document or certificate via the Platform); and
  3. it is necessary to allow you to use the Platform and for you to provide or receive services.

Depending on how you engage with Hamilton Care and Disability Support Pty Ltd or use the Platform, we may ask you to share some or all of the above sensitive information with us, or we may collect it from others. By way of example: 

  • We may ask you to provide information regarding your disability or impairment, current medications, support needs and support history. 
  • We may collect health or other sensitive information that you include in communications with Hamilton Care and Disability Support Pty Ltd or other Users (see paragraph 2.3.1.d). 
  • We may collect health or other sensitive information about you through the NDIS participant portal (see paragraph 2.3.3.c above)
  • We may collect health or other sensitive information about you that is provided to us by other Users, or by organisations and service providers you engage with (see paragraph 2.3.3.e and 2.3.3.f above).
  • We may collect criminal record information when conducting background checks (see paragraph 2.3.3.h above).

2.3.5 Unsolicited information

Unsolicited personal information is personal information received by us where we have taken no active steps to collect the information. If we decide we are lawfully permitted to keep such information, we will handle it in accordance with our obligations under section 4 of this Privacy Policy. Otherwise, we will destroy or de-identify it as soon as practical. 

3. How we hold and store your personal information

We store your personal information primarily in electronic format, in secure buildings and systems that we own and operate, or that are owned and operated by infrastructure and storage service providers. Some of our service providers are located overseas, including the United States and Singapore.

Hamilton Care and Disability Support Pty Ltd and our third party infrastructure and storage providers have implemented a range of measures to protect the security of your personal information including:

  1. ensuring encrypted secure transmission of your personal information (as necessary);
  2. controls regulating which staff and contractors can access particular information;
  3. using enterprise firewalls to protect servers that host your personal information; and
  4. only allowing certain components of your personal information to be accessed by certain types of Users (refer to paragraph 5.2 of this Policy).

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorised access, loss, destruction, or alteration. 

We only retain your personal information for as long as is necessary for the performance of our agreement with you and to comply with our legal obligations.

4. How we use your personal information

Information about how we use your personal information is below. This list is not intended to be exhaustive and there may be other third parties to which we give your personal information (for example, professional advisors or insurers) where required or permitted by law.

4.1 Use of your personal information for the Platform

We may use your personal information to build, operate and improve the Platform and as necessary for the adequate performance of our agreement with you. Below is a non-exhaustive list of the purposes for which we may use your personal information.

  1. Verify or authenticate information or documents provided by you and your identity;
  2. Conduct necessary background, reference and other checks and verify the information you have provided to Hamilton Care and Disability Support Pty Ltd;
  3. Enable you to access and use the Platform and provide and receive services;
  4. Enable you to create and update your Profile, and post other content to the Platform;
  5. Maintain and update our records;
  6. Enable you to communicate and connect with certain other Users;
  7. Operate, protect, improve, and optimise the Platform and our Users’ experiences on the Platform;
  8. Operate, improve, and optimise related services, such as by performing analytics and conducting research;
  9. Assist us to provide effective customer service to our Users;
  10. Process, manage and administer account payments, billing issues, invoice payments and payroll transactions; and
  11. Send you support messages, updates and account notifications. 

4.2 Use of your personal information for the Hamilton Care and Disability Support Pty Ltd community

We may use your information to protect our community and the Platform, to create and maintain a safe environment for all of our Users and to comply with applicable laws. Below is a non-exhaustive list of the purposes for which we may use your personal information.

  1. Verify or authenticate information or documents provided by Users and the identity of other Users;
  2. Detect and prevent fraud, spam, abuse, exploitation, neglect, security incidents, and other harmful activity;
  3. Conduct security investigations and risk assessments;
  4. Contact your referees and send requests for and collect references about you;
  5. Conduct checks on Users (as required) against databases and other information sources, including background, working with children and vulnerable people checks, NDIS worker screening checks or police checks;
  6. Resolve any disputes or issues with any of our Users and enforce our agreements with third parties;
  7. Detect non-conformance with our agreement with you, our Terms of Use and the Hamilton Care and Disability Support Pty Ltd Policies and Procedures, and enforce your obligations and/or our rights;
  8. Comply with our legal obligations and protect our lawful interests.

4.3 Use of your personal information for marketing, advertising and research purposes

We may use your personal information to undertake and direct advertising and marketing activities to you and other third parties. Below is a non-exhaustive list of the purposes for which we may use your personal information.

  1. Send promotional messages, marketing, advertising, and other information to you via telephone, email, online, via push notifications from the Hamilton Care and Disability Support Pty Ltd app and by other means;
  2. Manage our relationships with you and other Users;
  3. From time to time, we may contact you by telephone or text message solely in connection with the services we provide and only if you have provided us with your phone number;
  4. Conduct product and market research, and data analytics to plan, improve, tailor, optimise, market and promote our Services; 
  5. Personalise, measure, and improve our advertising and marketing; 
  6. Conduct or support academic research, for example to invite you to participate in a study; and
  7. Contact you to ascertain your interest in participating in campaigns or inquiries in respect to the disability sector or that otherwise affect our community.

You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications. For more information about how to opt out of receiving marketing communications, please see paragraph 8 below entitled “Your choices”.

 

5. Disclosing your personal information

5.1 Disclosure with your consent

Where you have provided your express consent for specific parts of your personal information to be disclosed, we will disclose and share those specific parts of your personal information that are held by us as at the time of receiving your consent. If a Client has nominated an Account Manager, that Account Manager will have access to all of the Client’s personal information (including sensitive information) unless and until we are advised otherwise.

5.2 Sharing between Approved Users

Approved Users on the Platform are able to search for, access and view Profiles of other Approved Users by using search parameters that coincide with the personal information provided to us. All Approved Users on the Platform will be able to view all of the personal and sensitive information contained on your Profile. This includes but is not limited to your:

  1. profile photo;
  2. first name;
  3. first letter of your surname or your surname;
  4. age;
  5. location;
  6. the biography you included in your Profile;
  7. work preferences such as your availability, whether you have your own transport and the Support Services you are able to provide as a Home Care as Support Worker (as appropriate); and
  8. your support requirements (including your disability or impairment).

By becoming an Approved User, you agree to allow other Approved Users to view your personal information (including your sensitive information) and make contact with you. You also agree that Hamilton Care and Disability Support Pty Ltd may seek your consent to share your email and telephone details with other Approved Users to allow them to contact you. You also acknowledge that Hamilton Care and Disability Support Pty Ltd may change the fields contained in your Profile from time to time to optimise and improve the Platform and User’s experiences.

We may also share your personal information with Approved Users who are involved in the provision of Support Services to you to fulfil our obligations to you.

5.3 Sharing with General Members of the Public

Approved Users may opt-in to allow general members of the public to access and view their Profiles. General members of the public will be able to access and search the Platform and view search results which may display all or part of the information contained in your Profile.

5.4 Compliance with legal requirements and requests

We may disclose your personal information to courts, law enforcement, government authorities, or authorised third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary to:

  1. comply with our legal obligations;
  2. respond to claims asserted against Hamilton Care and Disability Support Pty Ltd;
  3. respond to requests relating to criminal investigations or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our Users to legal liability;
  4. comply with our mandatory obligations under relevant state legislation;
  5. enforce and administer our Terms of Use or our relevant agreement with you; or
  6. protect the rights, property or personal safety of Hamilton Care and Disability Support Pty Ltd, its representatives, other Users, or members of the public.

We may also disclose your personal information to:

  1. calculate, deduct and remit to the Australian Tax Office all necessary taxation and compulsory superannuation contributions; and
  2. provide, manage and administer Hamilton Care and Disability Support Pty Ltd’s insurance coverage.

If you fail to meet your payment obligations to Hamilton Care and Disability Support Pty Ltd, we may disclose your personal information to credit reporting bodies in accordance with the Privacy Act. The credit reporting bodies to which we may disclose your personal information include Equifax Pty Ltd.

5.5 Sharing with Hamilton Care and Disability Support Pty Ltd’s related bodies corporate, affiliates and partners

We may disclose your personal information to Hamilton Care and Disability Support Pty Ltd’s related bodies corporate and to third party service providers, consultants and business partners that assist us with, or work with us, or may potentially work with us in relation to archiving, auditing, accounting, customer contact and relationship management, legal matters, business or growth consulting, risk management, banking, billing and payment processing, delivery, data storage, data processing, data analysis, information management and verification, marketing, investigations, cyber-security, research, training and website or technology services. We only share your personal information like this when it is necessary to enable the services to be provided to us, and when we do, we take steps to ensure that our service providers are required to protect your information. 

If another organisation or entity were to seek to acquire the Hamilton Care and Disability Support Pty Ltd Group (or part thereof), we may share your personal information in the course of that transaction.

5.6 Sharing with organisations and service providers that you engage with

We share your personal information, including sensitive information, with third parties such as, plan managers, the NDIA, support coordinators and other disability support service providers that you engage with. We will obtain your consent before sharing any information with plan managers, support coordinators or other service providers.

5.7 Unidentified data sharing

We also share information about our Users that has been aggregated or combined so that it no longer identifies an individual User and other anonymised information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

6. Accessing your personal information

You may access your personal information held by Hamilton Care and Disability Support Pty Ltd by logging into your Account and making changes at any time. Alternatively, you have a right to ask for access to the personal information we hold about you. Please contact our Privacy Officer at:

Privacy Officer

Postal address: 5A/305 Montague Road West End 4101

Email: info@hamiltoncare.com.au

Phone 0401 412 973

Your personal information will usually be available within 30 days of your request. If there is a fee for accessing your personal information, we will confirm the amount before providing the information. We will require evidence of your identity as part of the process of providing you with access to your personal information.

In some circumstances we may decline to grant you access to your personal information (for example, if the release of your personal information would have an unreasonable impact on the privacy of others). Please see the APPs for further information.

7. Updating and correcting your Personal Information

You may update or correct your personal information held by Hamilton Care and Disability Support Pty Ltd at any time by logging into your Account and accessing the “Profile” section or by contacting us on 0401 412 973 or by email at info@hamiltoncare.com.au. It is your responsibility to ensure that your contact and personal information in your Profile and held by Hamilton Care and Disability Support Pty Ltd is kept up-to-date.

8. Your Choices

You may opt-out of receiving marketing communications or targeted advertising from us at any time, by using the link in promotional and marketing emails or by contacting us directly on 0401 412 973 or at info@hamiltoncare.com.au. You can also opt out of push notifications in the Hamilton Care and Disability Support Pty Ltd app. Please note you cannot opt-out of receiving administrative and transaction-related emails from us unless you deactivate your Account. These are emails that relate to your Account and/or your activity on the Platform.

9. Contact Us

9.1 Feedback

If you have any feedback or questions about this Privacy Policy or any of our privacy- related practices, please contact our Privacy Officer at info@hamiltoncare.com.au or via telephone on 0401 412 973

9.2 Complaints

If you have a concern about how we have handled your personal information, please let us know so we can address the problem. Please contact our Privacy Officer at:

Privacy Officer

Postal address: 5A/305 Montague Road West End 4101

Email: info@hamiltoncare.com.au

Phone: 0401 412 973

To lodge a formal complaint, please send details to the Privacy Officer in writing. We will attempt to respond within a reasonable time, usually 30 business days. Hamilton Care and Disability Support Pty Ltd treats all privacy complaints seriously and any complaint will be assessed by our Privacy Officer with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need to investigate the complaint appropriately. If your complaint is not resolved by our Privacy Officer, you can refer it to the Office of the Australian Information Commissioner.

The contact details are:

Office of the Australian Information Commissioner

Postal address: GPO Box 2999, Canberra, ACT 2601

Phone: 1300 363 992

Fax: 02 9284 9666

Website: www.oaic.gov.au

If your concern relates to your health information you may also contact your State or Territory Privacy Commissioner.

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