YOUR PRIVACY

Last updated: 24 July 2024

Privacy Policy

1.0       Introduction

This Privacy Policy applies to Westpork Pty Ltd (ABN  90 009 148 789) and its subsidiaries. (‘Westpork’, ‘we’, ‘us’ or ‘our’).  It covers all Personal Information we collect, including data relating to our customers, prospective customers, suppliers and employees.

Westpork is committed to protecting the privacy of your Personal Information in accordance with Australian Privacy Principles outlined in the Privacy Act 1988 (Cth).

Our Privacy Policy sets out how we collect, use, disclose and manage your Personal Information.

When you engage us to provide you with any goods or services, apply or complete an application or enter into contracting or other arrangements with us, communicate with us through email, by telephone, in writing, participate in any of our promotional activities, or use any of our other services, including our websites, you consent to the collection, retention and sharing  of your Personal Information in the manner described in this policy.

We may from time-to-time review and update this Privacy Policy and you should check our website periodically to stay informed of any updates.  All Personal Information collected and held by us will be governed by the most recently updated Privacy Policy.

2.0       Personal Information

Personal Information means information or an opinion that relates to an identified individual, or an individual who is reasonably identifiable, and has the same meaning as given by the Privacy Act[1]  In this Policy, any references to Personal Information should be taken to include sensitive information unless otherwise specified.

Your Personal Information is only collected by lawful and fair means and, where practicable, only from you or from a person acting or authorised to act on your behalf.

2.1         Types of Personal Information we collect and purpose for which is it collected

The types of Personal Information collected from you will depend on what type of interaction you have with us.  The types of Personal Information collected and the purpose for which they are used may include, but are not limited to, the following

Type

Example of what this might include

Purpose

Identify and contact details

Name, addresses, date of birth, phone number, email address, superannuation details, licences, emergency contacts, signatures, vehicle registrations, vet clinic ID, visa applications

To conduct Westpork’s business operations.

To communicate with individuals providing products/services to the Company and/or applying for employment with the Company.

Responding to enquiries or complaints.

Financial and payment information

Bank account details, debit/credit card details, tax file number, credit applications

To conduct Westpork’s business operations and process payments to individuals for services/products provided for the Company.

Assessing and processing an application for commercial credit, and for administrative purposes in relation to the ongoing management of your commercial credit arrangement.

Sensitive

Photographic identity documents (E.g. Passport) where an individual’s racial or ethnic origin or religious beliefs is apparent. 

Health information such work health & safety and workers compensation records

Employment related information including qualifications, accreditations competency training records and transcripts.

Performance management records

 

To conduct Westpork’s business operations and comply with our and our customers legal and regulatory obligations.

To aid effective communication with individual providing products/services to the Company and/or applying for employment with the Company.

2.2         Sensitive information consent

We only collect sensitive information that is reasonably necessary for our functions and activities, where the individual has consented to the collection unless authorised or required by law.  By providing us with your sensitive information, you consent to the sensitive information specified in this policy being collected, used, and disclosed in accordance with this Policy. You have the right to:

  • refuse to provide sensitive information; and
  • withdraw consent you have previously provided in respect of our collection of sensitive information.

However, in both cases this may have an impact on our ability to provide services or our dealings with you. Westpork will notify you of the consequences if you do not consent to the collection of any sensitive information.

2.3         How we may use and disclose your Personal Information

We outline the purpose of collecting an individual’s Personal Information to them.  If an additional purpose arises, we will generally obtain their consent and/or notify them, unless permitted under law or the purpose is related to the primary or secondary purpose already disclosed. In line with modern business practices common to many financial institutions, an individual’s Personal Information may be disclosed to the following organisations:

Who we may disclose to

Why/for what purpose

Professional services providers such as auditors, legal, compliance, tax, information security consultants and advisors

For the purposes of obtaining expert advice and/or assurance to promote and safeguard the integrity and security of information or ensure our compliance with legal obligations.

Government and regulatory authorities as required or authorised by law

To identify, investigate or prevent fraud or other misconduct, to resolve any complaints, to satisfactorily respond to any government or regulatory authority inquiries and otherwise satisfy our legal obligations.

Information technology service providers

To enable the secure storage of Personal Information; or other information technology purposes such as enhancement to systems or cybersecurity penetration testing, or issue resolution.

Our insurance brokers, underwriters and insurers

To obtain, or make a claim on, a policy of insurance, where Personal Information is necessary for the underwriting or assessment of any proposal or claim.

Potential purchasers (including their staff agents and advisors) involved in a proposed or actual sale of all or part of Westpork’s business.

For the purpose of due diligence to facilitate an actual or prospective sale of corporate transaction.  Disclosure will be made in confidence, and it will be a condition of that disclosure that no Personal Information will be used or disclosed by them.

2.4         How your Personal Information is stored and retained

We take reasonable steps to protect your Personal Information from loss, misuse or unauthorised access by restricting access to the information in electronic format and by appropriate physical and communications security.

We only keep your Personal Information for as long as it is required for the purpose for which it was collected or as otherwise required by law. Our primary data retention requirements are:

  1. Employees: Commonwealth Fair Work Act 2009 & WA State industrial relations system state 7 years post end date of an individual's employment.
  2. Employees on a Visa: Migration Regulations 1994 (Cth) & Migration Act 1958 (Cth) and Commonwealth Fair Work and State industrial relation system requirements would apply, so 7 years after the latter of the end date of employment or the termination of a Sponsorship Agreement.
  3. APIQ standards: 3 years after date of actual event (task undertaken).

We will take appropriate measures to destroy or permanently de-identity your Personal Information if we no longer need to retain it.  These measures may vary depending on the type of information concerned, the way it was collected and how it was stored.

Westpork will take steps to notify you of a data breach involving your personal information, as required by the Privacy Act. Where a notification is required, we will advise you, amongst other things, of the nature of the breach and the kind of personal information involved in the incident. 

2.5         Access to your Personal Information

You may request access to any Personal Information that we hold about you.  We will need to verify your identity prior to disclosing Personal Information. We will not charge you for making a request for access to Personal Information however we may charge a reasonable administration fee to reimburse the costs of meeting your request.

Unless permitted or required by law, we will not provide any other person access to your Personal Information without express authorisation. We may refuse access to your Personal Information where permitted by law or where providing access would be unlawful, pose a serious threat to the health and safety of any individual, or if there is reason to suspect unlawful activity or misconduct.

When we receive a request for access, we will usually respond to the individual within seven days but, depending on the nature of the request, may require up to 30 days from the receipt of your request to respond and provide you with the Personal Information requested. If you are requesting a large amount of Personal Information, or the request cannot be dealt with immediately, then after we have investigated the request for access, we will advise you what Personal Information we hold and provide details of that Personal Information.

If Westpork does not provide access to the information, we will provide written reasons setting out why we do not believe it is appropriate to provide access.

2.6         Accurate and up-to-date Personal Information

We take reasonable steps to ensure your Personal Information is accurate, up-to-date and not misleading by updating our records whenever true and correct changes to the data come to our attention.

If you believe your Personal Information held by us is incorrect, incomplete or not current, you can request that we update this information by contacting us. Please see contact details below in at the end of this Policy.

We will correct information we hold about you if we discover, or you are able to show to a reasonable standard, the information is incorrect. If you seek correction and we disagree that the information is incorrect, we will provide you with our reasons for taking that view.

3.0       Using our Website

 As with most websites, when you visit our website or use an application on our website, we may record anonymous information such as your IP address, time, date, referring URL, pages accessed, and documents downloaded type of browser and operating system.

Our website may also contain links to or from other websites. We are not responsible for the privacy practices of other websites. This Privacy Policy applies only to the information we collect on our website. We encourage you to read the privacy policies of other websites you link to from our website.

4.0       Dealing with unsolicited Personal Information

We take all reasonable steps to ensure that all unsolicited Personal Information is destroyed or de- identified immediately.

5.0       Anonymity when dealing with us

Where possible and appropriate, we will provide general information to individuals who choose not to personally identify themselves. However, this may not be practicable where it restricts, prevents, or prohibits our ability to provide services.

6.0       Contact us and complaints

If you would like to:

  1. access your Personal Information;
  2. update and/or correct your Personal Information;
  3. withdraw consent for the use of your Personal Information; or
  4. have any questions or concerns at any time about our Privacy Policy or the use of your Personal Information

please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will respond within seven days.

If you have reason to believe that we have not complied with our obligations relating to your Personal Information under this Privacy Policy or under the Privacy Act, please refer any compliant to our External Privacy Officer (details below).

EXTERNAL PRIVACY OFFICER

Mark Mendelawitz
Mendelawitz Morton Commercial Lawyers
Level 2,  20 Kings Park Road,
West Perth WA 6005
08 9481 8811
This email address is being protected from spambots. You need JavaScript enabled to view it.

We will ensure your complaint is handled by our External Privacy Officer in an appropriate, timely and reasonable manner. A written notice of our decision regarding your complaint will be provided to you.

If you are not satisfied with our handling of your complaint, you have the right to complain to the Office of the Australian Information Commissioner (OAIC). Please visit the OAIC website for more information  https://www.oaic.gov.au/privacy/privacy-complaints.

7.0       Changes to our Privacy Policy

This policy may be updated from time to time. We will publish approved revisions on our website. Where significant changes are made, we will seek to notify impacted individuals (for example, by email or via our website). Your acceptance of any such changes may be deemed by your continued use of our services.