Privacy
Policy

PRIVACY POLICY

The Old Colonists Association of Victoria trading as Abound Communities ABN 15 660 751 609 (“Abound Communities”, “we”, “us”, “our”) complies with the Australian Privacy Principles (“APPs”), which are part of the Privacy Act 1988 (Cth) (“Privacy Act”). Abound Communities recognises and acknowledges that the protection of individuals’ privacy is important and required by law.

This privacy policy explains:

• what sorts of personal information Abound Communities collects;

• how Abound Communities may use that personal information and to whom it may be disclosed;

• how Abound Communities protects the personal information we hold from unauthorised use or disclosure; and

• how you can access and correct the personal information we hold about you, and your options to complain if you believe we have breached our privacy obligations to you.

Abound Communities may modify or replace this privacy policy from time to time.  This includes to take account of new laws and technology, changes to Abound Communities operations and practices and to make sure it remains appropriate to the changing community needs. The modified or replaced policy will be posted by Abound Communities to our website and notified to clients, residents, volunteers, contractors, service providers, job applicants, visitors and website users.

Policy does not apply to employee records

Under the Privacy Act, the APPs do not apply to an employee record held by the employer. As a result, this Privacy Policy does not apply to Abound Communities treatment of an employee record, where the treatment is directly related to a current or former employment relationship between Abound Communities and the employee.

Definition

Personal information

Abound Communities collects and holds a range of personal information about clients, residents, volunteers, contractors, service providers, job applicants, visitors and website users. Personal information means information or an opinion about an identified individual, or about an individual reasonably identifiable from the information.

Sensitive information

In referring to 'sensitive information', Abound Communities means information relating to a person's racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, philosophical beliefs, sexual orientation or practices, criminal record, health information and biometric information about an individual.  Sensitive information is also personal information.

Sensitive information will be used and disclosed only for the purpose for which it was provided or a directly related secondary purpose, unless you agree otherwise, or the use or disclosure of the sensitive information is required by law.

Types of personal information we collect and hold

The types of personal information that Abound Communities collects and holds may include, but is not limited to, personal information, including health and other sensitive information, about:

Clients and residents:

• Full name, date of birth, gender, contact details including emergency contacts and next of kin;

• Dietary preferences for catering;

• Residency, nationality, languages spoken;

• Centrelink and/or pension details and Medicare details;

• Bank accounts/credit card details;

• Assets value;

• Information regarding referrals to government welfare agencies;

• Family supports within the community;

• Information about personal issues and experiences, areas of interest, relationships;

• Information about the services offered (e.g. home care package);  and

• Photos and/or videos (taken at Abound Communities events or by closed-circuit television cameras (“CCTV”)).

We may also collect the following types of sensitive information about clients/residents only where necessary or appropriate:

• Racial or ethnic origin (including if clients/residents identify as Aboriginal or Torres Strait Islander);

• Religious background;

• Sexual orientation; and

• Health information (disabilities / allergies / medical certificates, etc. – includes mental health).

Job applicants, volunteers, contractors and service providers:

• Full name, date of birth, gender, contact details including emergency contacts and next of kin;

• Residency, nationality, languages spoken;

• Resumes, employment histories and qualifications, training records and competency assessments, references, and professional development history;

• Salary and payment information, including superannuation details;

• Complaint records and investigation reports;

• Leave details;

• Workplace surveillance records;

• Tax file number;

• Photos and videos; and

• Work emails and private emails (when using work email address) and Internet browsing history.

We may also collect the following types of sensitive information only where necessary or appropriate, or you have otherwise consented:

• medical information (e.g. disability, allergies and medical certificates); and

• criminal records and other suitability checks.

Website Users

We may collect information about you when you access our website, including the pages viewed and the information downloaded, the IP address of the device used to visit our website and the page from where the individual visited our website, the type of browser used, unique device identifiers and information about websites visited before the individual visited our website. You can configure your browser to disable cookies, but some parts of our website may not function properly (or at all) if cookies are disabled.

Purpose for collecting personal information

Clients and residents

Abound Communities primary purpose of collection is to enable Abound Communities to deliver aged care services and to provide retirement accommodation to clients and residents.

The purposes for which Abound Communities uses personal information of clients and residents includes to:

• Support clients and residents to access aged care services, accommodation, referrals, information or advice they have requested from Abound Communities;

• Comply with necessary business/accounting standards, and reporting obligations to the Australian Taxation Office and other government agencies;

• Educate clients and residents on relevant supports offered within the community;

• Support the social and emotional wellbeing, and health of clients and residents;

• Fulfill legal requirements including:

o taking reasonable steps to reduce the risk of harm to clients and residents;

o make reasonable adjustments for clients and residents; and

o ensure, as far as reasonably practicable, the health and safety of people in Abound Communities workplaces;

• Maintain good order and management of Abound Communities programs;

• To comply with our obligations under laws, such as the Aged Care Act 1997;

• For quality assurance, risk management and continuous improvement activities;

• For publications such as newsletters and annual reports, including publication of that material (both physically and online);

• Seek donations and send marketing communications;

• Generate statistical data and reports for policy and funding purposes;

• Organise and manage events / functions;

• Day-to-day administration of Abound Communities and insurance purposes; and

• To perform any other purposes that would be reasonably expected.  

In some cases where Abound Communities requests personal information about a client or resident, if the information requested is not provided, Abound Communities may not be able to provide support or services.

Job applicants, volunteers, contractors and service providers:

In relation to personal information of applicants, volunteers and contractors, Abound Communities primary purpose of collection is to assess and (if successful) to engage job applicants, volunteers, contractors and service providers as the case may be.

The purposes for which Abound Communities uses personal information include:

• Assess an applicant’s suitability for employment or a volunteer position;

• Administer an applicant’s contract for employment or a volunteer position;

• Fulfil legal requirements, including:

o taking reasonable steps to reduce the risk of harm to clients, residents, staff and visitors;

o make reasonable adjustments for individuals with disabilities; and

o undertaking the necessary screening and police checks under the relevant laws;

• Maintain good order and management of Abound Communities;

• Generate statistical data and reports for policy and funding purposes; and

• Organise and manage events / functions.

How do we collect personal information?

To the extent reasonably practicable and reasonable for us to do so, Abound Communities collects personal information about an individual directly from that individual. We may collect personal information about an individual from a variety of sources, which typically include:

• Electronic or paper documents (including emails, application forms, letters and invoices), face-to-face meetings and interviews, emails and telephone calls when you make enquiries regarding our services;

• From our website using various technologies, including ‘cookies’;

• Online tools (including apps or other software used by Abound Communities);

• Photographs, video or other recordings;

• Polls, surveys and/or questionnaires;

• From other service providers through a referral;

• From other parties (such as power of attorney or supportive attorney or other legal representative, medical professionals, job applicants representatives or referees, or social media sites);

• From Aged Care Assessment Service (ACAS); and

• From publicly available sources.

Collection of personal information through CCTV

Abound Communities installs uses and maintains CCTV cameras around its premises in accordance with relevant surveillance laws.  Where installed, CCTV cameras are appropriately sign-posted at all Abound Communities entrances and exits, as well as in hallways and other open areas.

Abound Communities will only use or disclose CCTV footage in accordance with applicable legislation which includes the Surveillance Act 1999 (Vic) and the Privacy Act as necessary to:

• ensure the care, safety and welfare of clients, residents and staff; and

• to protect Abound Communities’ lawful interests in a legal or disciplinary proceeding.

Abound Communities will exercise discretion and will not:

• disclose CCTV footage to anyone unless compelled by the relevant laws; or

• use or disclose records of private conversations or activities in situations where it is reasonably evident that the parties did not intend for the conversation or activity to be heard or observed by others.

Cookies and analytics

Abound Communities may also collect data from its website using various technologies, including ‘cookies’. A ‘cookie’ is a text file our website transmits to an individual’s browser which is stored on the individual’s device as an anonymous tag identifying the individual’s device (but not the individual) to us. The browser may be configured to disable cookies, but some parts of our website may not function properly (or at all) if cookies are disabled.

How do we use and disclose the personal information we collect?

In accordance with the law, we generally only use and disclose personal information for:

• the primary purpose for which the information was collected;

• a secondary purpose that is related to the primary purpose and for which you would reasonably expect us to use the collected information; or

• as otherwise permitted or authorised by law, including the APPs.

We will take reasonable steps to make individuals aware of the purpose for which the information collected may be used or disclosed, including by reference to this privacy policy. Abound Communities may disclose personal information collected from individuals to third parties but only on an as-needs basis and in order to fulfil one or more of the purposes for which the information was collected, any secondary purpose related to the primary purpose of collection, or otherwise as required or authorised by law.

We may disclose the personal information we collect about an individual for the purposes of providing residential and aged care services. This may include to:

• Third party contractors and service providers to enable them to perform services under contract with us which may directly or indirectly benefit the client/resident from whom the information was collected or to enable internal administration, training, assessments and reviews;

• Other community agencies, including healthcare providers and medical practitioners;

• Related organisations where you have agreed to be referred;

• Government departments (both state and federal) such as Australian Government Department of Social Services, Australian Government Department of Health and/or the Department of Health and Aged Care Victoria (Victoria) for funding and regulatory purposes;

• People providing administrative and financial services to Abound Communities;

• Residents and their emergency contacts, upon consent being provided;

• Anyone you authorise Abound Communities to disclose information to;

• Where required by law or court order, or other governmental order or process to disclose;

• Where we believe in good faith that the law compels us to disclose information in order to:

o lessen or prevent a serious threat to your life, health or safety or public health or safety, where it is impractical to obtain your consent;

o take appropriate action in relation to suspected unlawful activity or serious misconduct;

o to locate a person reported as missing;

o to assert a legal or equitable claim; or

o to conduct an alternative dispute resolution process.

• Where we are required to do so as a result of any obligations we owe under a contract;

• Abound Communities donors and supporters (individuals and charities);

• Recipients of our publications, such as newsletters and reports;

• Anyone to whom we are required or authorised to disclose the information to by law.

Third-party service providers

When Abound Communities engages third parties to provide products and/or services to Abound Communities, such as IT service providers and payment processors, those third parties may have access to personal information Abound Communities holds about individuals. Abound Communities does not authorise those third parties to use any personal information disclosed to or accessed by the third party for any purpose other than to facilitate the third party’s completion of its obligations owed to Abound Communities.

Disclosure of personal information overseas

Abound Communities does not disclose personal information about an individual to overseas recipients. If Abound Communities does send personal information about an individual outside Australia, it will not be without:

• obtaining the consent of the individual (in some cases this consent will be implied); and

• otherwise complying with the APPs or other applicable privacy legislation.

Abound Communities may use online or 'cloud' service providers to store or back-up personal information and to provide services to Abound Communities that involve the use of personal information, such as services relating to email and surveys. Some limited personal information may also be provided to these service providers to enable them to authenticate users that access their services. This personal information may be stored in the 'cloud' which means that it may reside on a cloud service provider’s server which may be situated outside Australia. These countries include the United States of America.

Abound Communities does not otherwise disclose or allow a third party located outside Australia to access the personal information Abound Communities holds.

Direct marketing

Abound Communities treats marketing as an important part of ensuring that Abound Communities continues to represent current local community information and services it provides. We may directly market Abound Communities and our services to an individual on the basis that the individual would reasonably expect us to do so, where we have already collected the individual’s personal information directly from the individual. This includes Abound Communities publications, like newsletters and magazines, which include personal information, that may be used for marketing purposes.

If you would like to opt-out of direct marketing please contact Abound Communities’ privacy contact person. There will also be a simple “unsubscribe” (opt out) method in electronic direct marketing material itself. If you opt-out of receiving marketing material from us, we may still otherwise contact you in relation to our existing relationship with you other than for the purposes of direct marketing.

Security and retention of personal information

Abound Communities takes the security of all personal information in its possession seriously and takes reasonable steps to protect any personal information it holds from misuse, interference and loss. Abound Communities staff are required to respect the confidentiality of client’s and members personal information and the privacy of individuals.

Abound Communities also takes reasonable steps to protect the information Abound Communities holds from unauthorised access, modification and disclosure that results in a Data Breach. Abound Communities takes reasonable physical security measures and technology security measures to protect and respect the confidentiality and privacy of any personal information that Abound Communities holds.

Data Breaches

An ‘eligible data breach’ occurs if:

• there has been unauthorised access to, or unauthorised disclosure of, personal information about one or more individuals (the affected individuals);

• a reasonable person would conclude there is a likelihood of serious harm to any affected individuals as a result;

• the information is lost in circumstances where:

o unauthorised access to, or unauthorised disclosure of, the information is likely to occur;

o a reasonable person would conclude that it would be likely to result in serious harm to the affected individuals.

Serious harm may include serious physical, psychological, emotional, economic and financial harm, as well as serious harm to reputation.

What must Abound Communities do in the event of an ‘eligible data breach’?

If Abound Communities suspects that an eligible data breach has occurred, it will carry out a reasonable and expedient assessment/investigation within 30 days.

If such an assessment/investigation indicates there are reasonable grounds to believe an eligible data breach has occurred, then Abound Communities will be required to lodge a statement to the Privacy Commissioner. Where practical to do so, Abound Communities will also notify the affected individuals. If it is not practicable to notify the affected individuals, Abound Communities will publish a copy of the statement on its website or publicise it in another manner.

Exception to notification obligation

Abound Communities is not required to notify you of a data breach if we have taken immediate remedial action and, as a result:

• there is no unauthorised access to, or unauthorised disclosure of, the information; or

• there is no serious harm to affected individuals, and as a result of the remedial action, a reasonable person would conclude the breach is not likely to result in serious harm.

We hold onto your personal information for the tenure of your association with Abound Communities.  Upon the end of your association with Abound Communities we will take reasonable steps to destroy or de-identify personal information where it is no longer necessary to be retained.

If the information is stored in a hard copy secure disposal might include methods such as secure shredding before recycling or throwing away.

If the information is stored electronically, such as in cloud-based storage, servers, USBs or with a third-party provider, we will ensure that the digital records are permanently destroyed, including any back-up system or offsite storage.

Accessing the personal information we hold

An individual is entitled at any time to access the personal information we hold about that individual. All enquiries should be directed to us at Abound Communities privacy contact details as set out below. Please note that we are entitled under the APPs to charge a reasonable fee to cover the costs we incur in providing access to the personal information held about an individual.

Where we receive a request to access your personal information, we will comply with all laws and will respond to such an access request within a reasonable period of time. Unless it is unlawful or impracticable for us to do so, we will generally provide access to the requested information in the manner requested.

Additionally, we reserve the right to refuse access to an individual’s personal information where any of the Privacy Act exceptions to the access right exist in the particular circumstances. Where we refuse an access request, we will explain the reasons for refusal in writing and provide details in relation to the relevant complaint process.

Finally, we also reserve the right to request information from the individual making the access request in order to verify the identity of the individual making the request, in order to ensure that we are not inadvertently disclosing personal information to an individual not entitled to access such information. Further, we reserve the right to redact the information made available in response to an access request, to protect the privacy of other individuals.

Quality of the personal information we hold

We take reasonable steps to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. However, the accuracy, completeness and currency of the information we hold largely depends on the accuracy of the information supplied to us or which we collect.

If at any time you discover that any information held about you is inaccurate, out-of-date, incomplete, irrelevant or misleading, to request correction of the information please contact us at Abound Communities privacy contact details as set out below. Abound Communities will handle a correction request in accordance with the law. However, Abound Communities reserves the right to verify your identity before processing a correction request.

Lodging a compliant

If you wish to make a complaint to Abound Communities about how Abound Communities handles the personal information collected from or about you, the complaint should be made in writing (by mail or email) to Abound Communities and addressed as set out below in the contact us section.

Abound Communities will promptly acknowledge receipt and will endeavour to deal with the complaint and provide a response to you within a reasonable time period following receipt (generally within 30 days of receipt). Where the complaint requires a more detailed investigation, the complaint may take longer to resolve. If this is the case, then Abound Communities will endeavour to provide the complainant with progress reports.

Abound Communities reserves the right to verify the identity of the individual making the complaint and to seek (where appropriate or reasonable) further information from the complainant about the circumstances of the complaint.

Where required by law, Abound Communities will provide its determination on the complaint to the complainant in writing.

Abound Communities reserves the right to refuse to investigate or to otherwise deal with a complaint where permitted under law, where such circumstances apply. For example, without limitation, Abound Communities may refuse to investigate or to otherwise deal with a complaint if Abound Communities considers the complaint to be vexatious or frivolous.

If you are not satisfied with our response to your complaint, or you consider that Abound Communities may have breached the APPs or the Privacy Act, a complaint may be made to the Office of the Australian Information Commissioner.

Office of the Australian Information Commissioner

‍Postal address: GPO Box 5288 Sydney NSW 2001
Phone: 1300 363 992
Email: foi@oaic.gov.au
Website: www.oaic.gov.au

Office of the Victorian Information Commissioner

Postal address: 121 Exhibition St, Melbourne VIC 3000
Phone: 1300 006 842
Email: enquiries@ovic.vic.gov.au
Website: www.ovic.vic.gov.au

How to contact us

If you have a query in relation to this privacy policy or wish to make a complaint, please contact:

Abound Communities Privacy Officer

Phone: (03) 9433 1100
Email: privacy@aboundcommunities.org.au
Postal Address: 339 St Helena Road, St Helena VIC 3088

Download a copy of the Abound Communities Privacy Policy

‍ ‍^{Last Edited on 16/07/2024}

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