Employee: The term ‘employee’ refers to any person who is employed by Network CMS.
Client: The term ‘client’ is used to describe a person who uses Network CMS services or support. This definition is consistent with the National Standards for Disability Services and includes people with or without a disability.
This policy applies to all Directors, contractors and employees.
The purpose of this policy is to clarify Network CMS’s commitment to protecting information about individuals and describe how this is implemented across the organisation.
4. Policy Statement
Network CMS will collect, manage, use and disclose the personal information of individuals, employees and any volunteers, in accordance with the Privacy Amendment (Enhancing Privacy Protection) Act 2012, which is underpinned by Australian Privacy Principles.
This policy sets out the Australian Privacy Principles relevant to Network CMS.
Principle 1 – open and transparent management of personal information
The object of this principle is to ensure that Network CMS manages personal information in an open and transparent way.
Principle 2 – anonymity and pseudonymity
Whenever it is lawful and practical, individuals can choose to not identify themselves when dealing with Network CMS. They may use a pseudonym if they choose to.
Principles 3, 4 & 5 – collecting and dealing with solicited and unsolicited personal information
Network CMS will only collect personal information that is necessary for its legitimate functions or activities. Network CMS will only collect personal information by lawful and fair means and not in unreasonably intrusive ways.
Where it is reasonable and practical, Network CMS will collect personal information directly from the individual. Where Network CMS collects personal information from a third party, Network CMS will take reasonable steps to gain the individual’s consent to the collection of the information. In such cases (and when gaining the individual’s consent is not practical), Network CMS will ensure that the individual is or has been made aware of the matters listed from (a) to (f) immediately below.
Whenever Network CMS collects personal information (or, as soon as practical afterwards), Network CMS will take reasonable steps to ensure that the person providing the information is aware of:
(a) Network CMS’s identity and how to contact us;
(b) The fact that he or she can have access to the information;
(c) The purposes for which the information is collected;
(d) Who we intend, or usually, disclose such information to (e.g. the types of individuals or organisations);
(e) Any law that requires the particular information to be collected; and
(f) The main consequences (if any) for the individual if all or part of the information is not provided.
If Network CMS receives personal information about an individual and did not collect that information with the person’s consent, Network CMS must, within a reasonable period after receiving the information, determine whether or it could have been collected under Australian Privacy Principle 3 if Network CMS had requested it from the individual. If Network CMS determines that it could not have collected the personal information from the individual, then Network CMS will, as soon as practical (and only if it is lawful and reasonable to do so) destroy or de-identify the information.
If Network CMS determines that it could have collected the information from the person, we will make the person aware that we have the information and can use it in ways consistent with other personal information that has been collected.
Network CMS will not collect sensitive information about an individual unless:
(a) The individual has consented; or
(b) The collection is required by law; or
(c) The collection is necessary to prevent or lessen a serious and imminent threat to the life or health of the person, where the individual whom the information concerns:
i. Is physically or legally incapable of giving consent to the collection; or
ii. Physically cannot communicate consent to the collection.
(d) The collection is necessary for establishing, exercising or defending a legal claim.
Network CMS will collect health information about a person only if:
(a) The information is needed to provide a health service to the individual; and
(b) The information is collected:
i. As required by law (other than this Act); or
ii. In accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind Network CMS.
(c) The collection is necessary for:
i. Research relevant to public health or public safety;
ii. Compiling or analysing statistics relevant to public health or safety;
iii. The management, funding or monitoring of a health service; and
(d) The collection of information does not identify the person or the person’s identity cannot reasonably be ascertained from the information; and
(e) It is impracticable for Network CMS to seek the individual’s consent.
Principle 6 – use or disclosure of personal information
Network CMS will only use and disclose personal information about an individual for a purpose other than the primary purpose of collection (a secondary purpose) if:
(a) The individual has consented to the use, or disclosure; or
(b) Both of the following apply:
i. The secondary purpose is related to the primary purpose of collection, and if the personal information is sensitive information, directly related to the primary purpose of collection; and
ii. The individual would reasonably expect Network CMS to use the information for the secondary purpose.
(c) Network CMS uses or discloses personal information for the purpose of direct marketing not associated with the original purpose of collection; and
(d) It is impracticable for Network CMS to seek the individual’s consent before using the information; and
(e) Network CMS gives the individual the express opportunity at the time of the first contact, and after that upon request, and at no cost, to decline to receive any further direct marketing communications and the individual has consented; or
(f) Network CMS reasonably believes the use or disclosure is necessary for research, or for compiling or analysing statistics relevant to public health or safety; or
(g) Network CMS reasonably believes that the use or disclosure is necessary to lessen or prevent serious and imminent threat to the individual’s life or health; or
(h) Network CMS has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
(i) The use or disclosure is required or specifically authorised by law; or
(j) The use or disclosure is reasonably necessary for the enforcement of the criminal law, a law imposing a pecuniary penalty, or for the protection of public revenue.
Principle 7 – direct marketing
Network CMS will not use or disclose personal information for the purpose of direct marketing, unless:
(a) Network CMS collected the information from the individual; and
(b) The individual would reasonably expect Network CMS to use or disclose the information for that purpose; and
(c) Network CMS provides a simple means by which the individual may easily request not to receive direct marketing communications; and
(d) The individual has not made such a request to Network CMS.
In all situations, personal information cannot be used for direct marketing without the individual’s consent.
This principle does not apply to the extent that any of the following apply:
(a) The Do Not Call Register Act 2006;
(b) The Spam Act 2003;
(c) Any other Act of the Commonwealth prescribed by the regulations.
Principle 8 – cross-border disclosure of personal information
Network CMS will not transfer personal data outside Australia unless:
(a) Network CMS reasonably believes that the receiver of the information is subject to a statute, law or similar that effectively upholds information handling principles that are substantially similar to these rules; or
(b) The individual concerned consents to the transfer; or
(c) The transfer is necessary for the performance of a contract between the individual concerned and Network CMS, or for the implementation of pre-contractual measures taken in respect to the individual’s request; or
(d) The transfer is necessary for fulfilling a contract arranged in the interest of the person concerned between Network CMS and a third party; or
(e) The transfer is for the benefit of the individual concerned; and
iii. It is not practical to obtain the person’s consent to that transfer; and
iv. If it was practical to obtain such consent, the person would give it.
Network CMS will take reasonable steps to ensure that any personal information it transfers will not be collected, held, used or disclosed by the recipient of the information in ways that breach the Australian Privacy Principles.
Principle 9 – adoption, use or disclosure of government related identifiers
Network CMS will not adopt as its own identifier, an identifier that has been assigned by a government agency unless required or authorised to do so under an Australian law or by a court/tribunal order.
Principle 10 – quality of personal information
Network CMS will take reasonable, practical steps to make sure personal information it collects, uses or discloses is accurate, complete and up to date.
Principle 11 – security of personal information
Network CMS will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure. Network CMS will take reasonable steps to destroy or permanently de-identify personal information that is no longer needed for any purpose.
Principle 12 – access to personal information
Individuals can request access to personal information about them, from Network CMS. We will provide the individual with access to the information in a form or manner suitable to the person’s reasonable needs, except to the extent that:
(a) Network CMS reasonably believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or
(b) Giving access would have an unreasonable impact on the privacy of other individuals; or
(c) The request for access is frivolous or vexatious; or
(d) The information relates to existing or anticipated legal proceedings between the entity and the individual, and would not be accessible by the process of discovery in those proceedings; or
(e) Giving access would reveal the intentions of the entity in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
(f) Giving access would be unlawful; or
(g) Denying access is required or authorised by or under an Australian law or a court/tribunal order; or
(h) Both of the following apply:
v. The entity has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the entity’s functions or activities has been, is being or may be engaged in;
vi. Giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or
(i) Giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
(j) Giving access would reveal information generated within Network CMS in connection with a commercially sensitive decision-making process.
Network CMS will respond to requests for access to personal information within 30 days of receiving the request. If the request is refused, Network CMS will explain the reasons for the refusal in writing based on the clauses above. Network CMS will not charge individuals for access to their personal information.
Principle 13 – correction of personal information
If Network CMS holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up to date, Network CMS will take reasonable steps to correct the information so that it is accurate, up to date, complete, relevant and not misleading.
If the individual and Network CMS disagree about whether the information is accurate, complete and up to date, and the individual asks Network CMS to associate with the information a statement claiming that the information is not accurate, up to date, complete, relevant or is misleading, Network CMS will take reasonable steps to do so.
If Network CMS corrects personal information about an individual that it has previously disclosed to another entity and the individual requests Network CMS to notify the other entity of the correction, Network CMS will take reasonable steps to do so providing it is practicable and lawful to do so.
Network CMS will respond to requests to correct personal information within 30 days of receiving the request. If Network CMS is unwilling or unable to correct an individual’s personal information, Network CMS will provide reasons for denying the correction request in writing.
5. Information collected via our website
Access to Network CMS’s website (www.networkcms.com.au) may be monitored in ways that are consistent with Section 3 above. The requesting URLs, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. By using our website, you consent to such monitoring.
We automatically collect information about your Internet connection, including but not limited to:
- The name of the Internet domain you used to access the Internet;
- The IP address of the web site from which you linked directly to our Web Site;
- The date and time you accessed our Web Site; and
- The pages you visited on our Web Site.
This information (“Non-Personal Information”) does not identify you. We use this Non-Personal Information to monitor the effectiveness of the website and to evaluate potential future improvements to our website.
We request that you provide certain personally identifiable information (“Personal Information”) to supply feedback on the “Contact Us Form”, and when you use certain other features of the website. We may request that you provide contact information, including but not limited to your name, address, e-mail address, and phone number. Providing such information is voluntary. By providing such information, you consent to our collection and use of such information, as described elsewhere in this Policy. We do not collect any Personal Information about you when you visit the website unless you explicitly give us that information. You may choose not to provide Personal Information on the website.
Further information specifically pertaining to the collection, handling and use of information from our website can be accessed here:
Service agreements with participants include details relating to: protecting the participants privacy and confidential information, and also have an optional selection to be involved in an NDIA audit (or not), based on their preference.
7. Failure to Comply with Policy
The collection and use of Individuals’ personal information is required for Network CMS to provide its services. Breaches of this policy may compromise our integrity, reputation and capacity to deliver services. Consequently, failure to comply with this policy is viewed as a serious issue that could result in disciplinary action.
WEBSITE USAGE AND DATA COLLECTION POLICY
Last updated: September 09, 2021
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Network Case Management Services.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: Western Australia, Australia
- Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to networkcms.com.au, accessible from https://networkcms.com.au/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: What Are Cookies?.
We use both Session and Persistent Cookies for the purposes set out below:
- Necessary / Essential Cookies Type: Session Cookies Administered by: UsPurpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Functionality Cookies Type: Persistent Cookies Administered by: UsPurpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
Usage, Performance and Miscellaneous
We may use third-party Service Providers to provide better improvement of our Service.
- Web Analytics
Web analytics is the collection, analysis, measurement, and reporting of data about website traffic and visits for purposes of understanding and optimizing web usage. Information in digital markers may be used for the purpose of web analytics to remember Your online interactions with our Website.We use Google Analytics to improve the performance of the Website. When Your device requests a web page on the Website, Google Analytics collects user information such as:
- active users
- geo (location, language)
- technology (browser, operating system, network)
- devices (desktop, mobile, tablet)
- demographics (age, gender)
- user flow
- session quality
Such data may be used for statistical and administrative purposes to assist the Firm in making enhancements to the Website.
If you do not want Your information shared with the Analytics software, Google makes available a plug-in for Internet Explorer, Firefox, Safari and Chrome browsers which prevents Your browser from sharing any information with Google Analytics. You may download and install the plug-in here.
Google Places is a service that returns information about places using HTTP requests. Google Places service may collect information from You and from Your device for security purposes.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
- By email: email@example.com
- By mail: 1A/434 Cambridge St, Floreat, WA, 6014