Privacy Policy
TABLE OF CONTENTS PRIVACY POLICY... 2 SCOPE OF POLICY AND SOURCE OF OBLIGATION... 2 WHAT IS PERSONAL INFORMATION AND HOW DO WE COLLECT IT?... 2 COLLECTION OF PERSONAL INFORMATION... 3 INFORMATION COLLECTED FROM OUR WEBSITE... 3 UNSOLICITED INFORMATION... 4 COLLECTION AND USE OF SENSITIVE INFORMATION... 4 HOW DO WE USE PERSONAL INFORMATION?... 4 STORAGE AND SECURITY OF PERSONAL INFORMATION... 6 RESPONDING TO DATA BREACHES... 6 DISCLOSURE OF PERSONAL INFORMATION... 7 DISCLOSURE OF YOUR PERSONAL INFORMATION TO OVERSEAS RECIPIENTS... 8 THE QUALITY OF PERSONAL INFORMATION... 8 ACCESS AND CORRECTION OF PERSONAL INFORMATION... 8 COMPLAINTS... 9 HOW TO CONTACT US... 9 APPENDIX 1: Information Collection Students... 10 APPENDIX 2: Information Collection Job Applicants & Employees... 12 APPENDIX 3: Information Collection Volunteers and Contractors... 14 APPENDIX 4: Notifiable Data Breach Response Plan... 16 Page -1-
PRIVACY POLICY Loreto Mandeville Hall Toorak is firmly grounded in the 400 year old worldwide Loreto tradition of education. Committed to the education of girls, our mission is to nurture their growth as capable, compassionate, independent, committed Christian women who are characterised by freedom of spirit, a concern for justice, a personal integrity, a love of learning, and who, joyfully and wholeheartedly, seek truth and live full lives. Loreto Toorak aims to meet the spiritual, intellectual, psychological and social needs of each pupil, developing more fully the ability of each one to think objectively and responsibly, to value the search for truth, and to appreciate the dignity and value of the human person. The aims of our education policy can be seen as threefold: to nurture the development of the unique person; to develop each student s awareness of and response to others; to bring the student to a knowledge and love of God. SCOPE OF POLICY AND SOURCE OF OBLIGATION The purpose of this policy is to ensure that in the course of Loreto Toorak s activities, we manage and protect personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and the 13 Australian Privacy Principles (APPs). This policy outlines the circumstances in which we obtain personal information, how we use that information and how we manage requests to access and/or change that information. This policy applies to all staff, volunteers and contractors of Loreto Toorak and its related bodies. WHAT IS PERSONAL INFORMATION AND HOW DO WE COLLECT IT? Personal information is information or an opinion about an individual from which they can be reasonably identified. Depending on the circumstances, we may collect personal information from the individual in their capacity as a student, contractor, volunteer, stakeholder, job applicant or in some other capacity. In the course of providing services we may collect and hold: Personal Information including names, addresses and other contact details; dates of birth; and financial information. Sensitive Information including government identifiers (such as TFN), nationality, country of birth, professional memberships, family court orders and criminal records. Health Information (particularly in relation to prospective staff and customer records) including medical records, disabilities, immunisation details and psychological reports. As part of our recruitment processes for employees, contractors and volunteers, we may collect and hold: Page -2-
Personal Information including names, addresses and other contact details, dates of birth, financial information, citizenship, employment references, regulatory accreditation, media, directorships, property ownership and driver s licence information. Sensitive Information including government identifiers (such as TFN), nationality, country of birth, professional memberships, family court orders and criminal records. Health Information (particularly in relation to prospective staff and student records) including medical records, disabilities, immunisation details and psychological reports. Generally, we will seek consent from the individual in writing before we collect their sensitive information (including health information). COLLECTION OF PERSONAL INFORMATION The collection of personal information depends on the circumstances in which Loreto Toorak is collecting it. If it is reasonable and practical to do so, we collect personal information directly from the individual. Details about the collection of information in the following specific circumstances is contained in the Appendices: Students (Appendix 1) Job Applicants and Employees (Appendix 2) Contractors and Volunteers (Appendix 3) SOLICITED INFORMATION Loreto Toorak has, where possible, attempted to standardise the collection of personal information by using specifically designed forms (e.g. our Application Forms). However, given the nature of our operations we often also receive personal information by email, letters, notes, via our website, over the telephone, in face-to-face meetings and through financial transactions. We may also collect personal information from other people (e.g. a third-party administrator, referees for prospective employees) or independent sources. However, we will only do so where it is not reasonable and practical to collect the personal information from the individual directly. INFORMATION COLLECTED FROM OUR WEBSITE We may collect information based on how individuals use our website. We use cookies and other data collection methods to collect information on website activity such as the number of visitors, the number of pages viewed and the internet advertisements which bring visitors to our website. This information is collected to analyse and improve our website, marketing campaigns and to record statistics on web traffic. We do not use this information to personally identify individuals. Page -3-
UNSOLICITED INFORMATION Loreto Toorak may be provided with personal information without having sought it through our normal means of collection. This is known as unsolicited information and is often collected by: Misdirected postal mail Letters, Notes, Documents Misdirected electronic mail Emails, electronic messages Employment applications sent to us that are not in response to an advertised vacancy Additional information provided to us which was not requested. Unsolicited information obtained by Loreto Toorak will only be held, used and or disclosed if it is considered as personal information that could have been collected by normal means. If that unsolicited information could not have been collected by normal means then we will destroy, permanently delete or de-identify the personal information as appropriate. COLLECTION AND USE OF SENSITIVE INFORMATION We only collect sensitive information if it is reasonably necessary for one or more of these functions or activities, and we have the individual s consent necessary to lessen or prevent a serious threat to life, health or safety another permitted general situation another permitted health situation We may share sensitive information to other entities in our company group, but only if necessary for us to provide our products or services. HOW DO WE USE PERSONAL INFORMATION? Loreto Toorak only uses personal information that is reasonably necessary for one or more of our functions or activities (the primary purpose) or for a related secondary purpose that would be reasonably expected by the individual, or for an activity or purpose to which the individual has consented. Our primary uses of personal information include, but are not limited to: providing education, pastoral care, extra-curricular and health services satisfying our legal obligations including our duty of care and child protection obligations keeping parents informed as to school community matters through correspondence, newsletters and magazines marketing, promotional and fundraising activities supporting the activities of school associations such as Loreto Past Pupils Association supporting community based causes and activities, charities and other causes in connection with the School s functions or activities helping us to improve our day-to-day operations including training our staff Page -4-
systems development; developing new programs and services; undertaking planning, research and statistical analysis school administration including for insurance purposes the employment of staff the engagement of volunteers. We will only use or disclose sensitive or health information for a secondary purpose if you would reasonably expect us to use or disclose the information and the secondary purpose is directly related to the primary purpose. We may share personal information to related bodies corporate, but only if necessary for us to provide our services. The School may disclose information about an individual to overseas recipients only when it is necessary, for example to facilitate a student exchange program. The School will not however send information about an individual outside of Australia without their consent. Page -5-
STORAGE AND SECURITY OF PERSONAL INFORMATION Loreto Toorak stores Personal Information in a variety of formats including, but not limited to: databases hard copy files personal devices, including laptop computers third party storage providers such as cloud storage facilities paper based files Loreto Toorak takes all reasonable steps to protect the personal information we hold from misuse, loss, unauthorised access, modification or disclosure. These steps include, but are not limited to: Restricting access and user privilege of information by staff depending on their role and responsibilities. Ensuring staff do not share personal passwords and update regularly. Ensuring hard copy files are stored in lockable filing cabinets in lockable rooms. Staff access is subject to user privilege. Ensuring access to Loreto Toorak s premises are secured at all times. Ensuring our IT and cyber security systems, policies and procedures are implemented and up to date. Ensuring staff comply with internal policies and procedures when handling the information. Undertaking due diligence with respect to third party service providers who may have access to personal information, including customer identification providers and cloud service providers, to ensure as far as practicable that they are compliant with the Australian Privacy Principles or a similar privacy regime. The destruction, deletion or de-identification of personal information we hold that is no longer needed, or required to be retained by any other laws. Our public website may contain links to other third-party websites outside of Loreto Toorak. Loreto Toorak is not responsible for the information stored, accessed, used or disclosed on such websites and we cannot comment on their privacy policies. RESPONDING TO DATA BREACHES Loreto Toorak will take appropriate, prompt action if we have reasonable grounds to believe that a data breach may have, or is suspected to have occurred and will follow the process for responding to notifiable data breaches clearly outlined in Appendix 4. Depending on the type of data breach, this may include a review of our internal security procedures, taking remedial internal action, notifying affected individuals and the Office of the Australian Information Commissioner (OAIC). If we are unable to notify individuals, we will publish a statement on our website and take reasonable steps to publicise the contents of this statement. Page -6-
DISCLOSURE OF PERSONAL INFORMATION Personal information is used for the purposes for which it was given to Loreto Toorak, or for purposes which are directly related to one or more of our functions or activities. Personal information may be disclosed to government agencies, related entities and other recipients from time to time, if the individual: Has given consent; or Would reasonably expect the personal information to be disclosed in that manner. Loreto Toorak may disclose personal information without consent or in a manner which an individual would reasonably expect if: We are required to do so by law. The disclosure will lessen or prevent a serious threat to the life, health or safety of an individual or to public safety. Another permitted general situation applies. Disclosure is reasonably necessary for a law enforcement related activity. Another permitted health situation exists. Page -7-
DISCLOSURE OF YOUR PERSONAL INFORMATION TO OVERSEAS RECIPIENTS Personal information about an individual may be disclosed to an overseas organisation in the course of providing our services, for example when storing information with a cloud service provider which stores data outside of Australia We will however take all reasonable steps not to disclose an individual s personal information to overseas recipients unless: we have the individual s consent (which may be implied); we have satisfied ourselves that the overseas recipient is compliant with the Australian Privacy Principles, or a similar privacy regime; we form the opinion that the disclosure will lessen or prevent a serious threat to the life, health or safety of an individual or to public safety; or we are taking appropriate action in relation to suspected unlawful activity or serious misconduct. THE QUALITY OF PERSONAL INFORMATION We take all reasonable steps to ensure the personal information we hold, use and disclose is accurate, complete and up-to-date, including at the time of using or disclosing the information. If the School becomes aware that the Personal Information is incorrect or out of date, we will take reasonable steps to rectify the incorrect or out of date information. ACCESS AND CORRECTION OF PERSONAL INFORMATION Individuals may submit a request to us to access the personal information we hold, or request that we change the personal information. Upon receiving such a request, we will take steps to verify the individual s identity before granting access or correcting the information. If we reject the request, they will be notified accordingly. Where appropriate, we will provide the reason/s for our decision. If the rejection relates to a request to change personal information, an individual may make a statement about the requested change and we will attach this to their record. Page -8-
COMPLAINTS An individual can make a complaint about how Loreto Toorak manages personal information by notifying the school in writing as soon as possible. Depending on the nature of the complaint, the Executive Deputy Principal will respond in a timely manner. We will respond to the complaint within a reasonable time (usually no longer than 30 days). We may seek further information in order to provide a full and complete response. Loreto Toorak does not charge a fee for the handling of complaints. If the individual is not satisfied with our response, they may refer the complaint to the OAIC. A complaint can be made using the OAIC online Privacy Complaint form or by mail, fax or email. A referral to OAIC should be a last resort once all other avenues of resolution have been exhausted. HOW TO CONTACT US Loreto Toorak can be contacted about this Privacy Policy or about personal information generally, by: Emailing reception@loretotoorak.vic.edu.au Calling our Reception on 9823 8100 Writing to our Risk & Compliance Manager at reception@loretotoorak.vic.edu.au with the subject line Privacy If practical, you can contact us anonymously (i.e. without identifying yourself) or by using a pseudonym. However, if you choose not to identify yourself, we may not be able to give you the information or provide the assistance you might otherwise receive if it is not practical to do so. This Privacy Policy is subject to change at any time. Please check our Privacy Policy on our website http://www.loretotoorak.vic.edu.au/privacy-policy regularly for any changes. Page -9-
APPENDIX 1: Information Collection Students 1. Loreto Toorak collects personal information, including sensitive information about students and parents or guardians and family members before and during the course of a student's enrolment at the School. This may be in writing or in the course of conversations. The primary purpose of collecting this information is to enable the School to meet its educational, administrative and duty of care responsibilities to the student to enable them to take part in all the activities of the School. 2. Some of the information the School collects is to satisfy the School s legal obligations, particularly to enable the School to discharge its duty of care. 3. Laws governing or relating to the operation of a School require certain information to be collected and disclosed. These include relevant Education Acts and Public Health and Child Protection laws. 4. The School may request medical reports and health information about students from time to time to discharge its legal duty of care to the student and to other students and staff. This includes a student s asthma and anaphylaxis action plans, as well as any other health or medical information which is reasonably likely to impact on the School s ability to provide educational, first aid and related services. 5. A student s health and medical information will be disseminated and used within the School to best meet the School s duty of care responsibilities. This may include the use of photographs with health action plans to facilitate the identification of students who may be at heightened risk. Health information about students is sensitive information within the terms of the Australian Privacy Principles (APPs) under the Privacy Act 1988. 6. The School may disclose personal and sensitive information for administrative, educational and support purposes (or may permit the information to be directly collected by third parties). This may include to: government departments; third party service providers that provide online educational and assessment support services or applications (apps), which may include email and instant messaging; another School to facilitate the transfer of a student; medical practitioners, and people providing educational support and health services to the School, including specialist visiting teachers, sports coaches, volunteers, counsellors and providers of learning and assessment tools; assessment and educational authorities, including the Australian Curriculum, Assessment and Reporting Authority; people providing administrative and financial services to the School; anyone you authorise the School to disclose information to; and anyone to whom the School is required or authorised to disclose the information to by law, including under child protection laws. 7. If this information is not provided to us, the School views this as an unacceptable risk and will not proceed with the enrolment. Page -10-
8. The School will engage in fundraising activities from time to time. Information received from you may be used for these purposes. It may also be disclosed to the School s Parents & Friends Associations who assist in the fundraising activities of the School. We will not disclose your personal information to third parties for their own marketing purposes without your consent. 9. The School may also use cloud computing service providers to store personal information (which may include sensitive information) on their servers in the 'cloud'. These servers may be located in or outside Australia. This may mean that personal information may be stored or processed outside Australia. The School s Privacy Policy contains further information about its use of cloud and other third-party service providers and any of their overseas locations. 10. The School s Privacy Policy is accessible via the School website, portal or from the School office. The policy sets out how parents, guardians or students may seek access to, and correction of their personal information which the School has collected and holds. However, access may be refused in certain circumstances such as where access would have an unreasonable impact on the privacy of others, or may result in a breach of the School s duty of care to the student, or where students have provided information in confidence. Any refusal will be notified in writing with reasons if appropriate. 11. The School s Privacy Policy also sets out how parents, guardians, students and their family can make a complaint about a breach of the Australian Privacy Principles and how the complaint will be handled. 12. On occasions information such as academic and sporting achievements, student activities and similar news is published in School newsletters and magazines, on physical displays throughout the School and on our intranet. This may include photographs and videos of student activities such as sporting events, School camps and School excursions. The School will obtain separate permissions from the student s parent or guardian (and from the student if appropriate) prior to including such photographs or videos or other identifying material in our promotional material or otherwise making this material available to the public, such as on the internet. The School will obtain separate permissions from the student s parent or guardian prior to including personal information on class lists or School directories. 13. If you provide the School with the personal information of others, such as other family members, doctors or emergency contacts, we encourage you to inform them that you are disclosing that information to the School and why, that they can request access to and correction of that information if they wish and to also refer them to the School s Privacy Policy for further details about such requests and how the School otherwise handles personal information it collects and complaints it receives. Page -11-
APPENDIX 2: Information Collection Job Applicants & Employees 1. Loreto Toorak collects personal information, including sensitive information about job applicants. This includes information provided in your job application, in the course of conversation or as collected from third parties on your behalf, such as employment referees. The primary purpose of collecting this information is to enable the School to consider your application for employment with the School. 2. Some of the information the School collects is to satisfy the School s legal obligations, particularly to enable the School to discharge its duty of care to enrolled students. 3. Laws governing or relating to the operation of a school require certain information to be collected and disclosed. These include relevant Education Acts and Public Health and Child Protection laws. 4. In order to consider your application for employment and to facilitate and manage your employment relationship with School, you consent to our collecting personal information about you from recruitment agencies, law enforcement agencies for criminal checks and working with children checks, educational institutions to verify your qualifications, and other individuals or businesses we contact for the purpose of reference-checking as agreed with you. 5. The personal information that is collected about you will be stored securely in a recruitment record. If you are successful and become an employee then an employee record will be created and the personal information we have collected will be stored in this file. Employee records are exempt from the Australian Privacy Principles (APPs) under the Privacy Act 1988. 6. If you are not offered a position or if you decline an offer of a position at the School the information stored in your recruitment record will be stored for 12 months, unless you advise us to destroy the records at an earlier time. At this time, the School will take reasonable steps to destroy or de-identify the information as appropriate. 7. The School may disclose personal and sensitive information for administrative, educational and support purposes (or may permit the information to be directly collected by third parties). This may include to: government departments; people providing administrative and financial services to the School; anyone you authorise the School to disclose information to; and anyone to whom the School is required or authorised to disclose the information to by law, including under child protection laws. 8. Failure to provide the information to the School will affect the School s ability to evaluate your application and may result in the recruitment process not proceeding. 9. The School may also use cloud computing service providers to store personal information (which may include sensitive information) on their servers in the 'cloud'. These servers may be located in or Page -12-
outside Australia. This may mean that personal information may be stored or processed outside Australia. 10. The School s Privacy Policy contains further information about its use of cloud and other thirdparty service providers and any of their overseas locations. 11. The Loreto Toorak Privacy Policy is accessible via the School website or from the School office. The Policy sets out how job applicants and employees may seek access to, and correction of their personal information which the School has collected and holds. However, access may be refused in certain circumstances such as where access would have an unreasonable impact on the privacy of others, or may result in a breach of the School s duty of care obligations. Any refusal will be notified in writing with reasons if appropriate. 12. The School s Privacy Policy also sets out how job applicants and employees can make a complaint about a breach of the APPs and how the complaint will be handled. 13. If you provide the School with the personal information of others, such as other employment referees, doctors or emergency contacts, we encourage you to inform them you are disclosing that information to the School and why, that they can request access to and correction of that information if they wish and to also refer them to the School s Privacy Policy for further detail about such requests and how the School otherwise handles personal information it collects and complaints it receives. Page -13-
APPENDIX 3: Information Collection Volunteers and Contractors 1. Loreto Toorak collects personal information, including sensitive information about contractors and volunteers before and during the course of their engagement with the School. This may be in writing or in the course of conversations. The primary purpose of collecting this information is to enable the School to potentially engage your services and facilitate and administer your involvement with the School. 2. Some of the information the School collects is to satisfy the School s legal obligations, particularly to enable the School to discharge its duty of care to enrolled students. 3. Laws governing or relating to the operation of a school require certain information to be collected and disclosed. These include relevant Education Acts and Public Health and Child Protection laws. 4. In order to consider your suitability as a contractor/volunteer and to facilitate and manage your relationship with School, you consent to our collecting personal information about you from recruitment agencies, law enforcement agencies for criminal checks and working with children checks, educational institutions to verify your qualifications, and other individuals or businesses we contact for the purpose of reference-checking as agreed with you. 5. The personal information we collect about you will be stored securely in a recruitment record. If you become a volunteer/contractor then an appropriate record will be created and the personal information we have collected about you will be stored in this file. We will hold this information for the agreed period of the contract or duration of the volunteer work. If after the recruitment process you are not engaged as a volunteer/contractor by the School the information stored in your recruitment record will be stored for 12 months unless you advise us to destroy it at an earlier time. 6. After the completion of your volunteer work or contracted period, or after 5 years have elapsed from the date the School decided not to engage you as a volunteer, contractor, the School will take reasonable steps to destroy or de-identify your personal information. 7. The School may disclose personal and sensitive information for administrative, educational and support purposes (or may permit the information to be directly collected by third parties). This may include to: government departments; third party service providers that provide online educational and assessment support services or applications (apps), which may include email and instant messaging; medical practitioners, and people providing educational support and health services to the School, including specialist visiting teachers, sports coaches, volunteers, counsellors and providers of learning and assessment tools; people providing administrative and financial services to the School; anyone you authorise the School to disclose information to; and anyone to whom the School is required or authorised to disclose the information to by law, including under child protection laws. Page -14-
8. Failure to provide this information will present an unacceptable risk to the School and we may not proceed with our relationship with you. 9. The School may also use cloud computing service providers to store personal information (which may include sensitive information) on their servers in the 'cloud'. These servers may be located in or outside Australia. This may mean that personal information may be stored or processed outside Australia. The School s Privacy Policy contains further information about its use of cloud and other third-party service providers and any of their overseas locations. 10. The School s Privacy Policy is accessible via the School website or from the School office. The policy sets out how volunteers and contractors may seek access to, and correction of their personal information which the School has collected and holds. However, access may be refused in certain circumstances such as where access would have an unreasonable impact on the privacy of others, or may result in a breach of the School s duty of care obligations. Any refusal will be notified in writing with reasons if appropriate. 11. The School s Privacy Policy also sets out how volunteers and contractors can make a complaint about a breach of the APPs and how the complaint will be handled. 12. The School will obtain your consent prior to including photographs or videos or other identifying material of you in our promotional material or otherwise making this material available to the public, such as on the internet. The School will obtain your consent prior to including your personal information on class lists or School directories. 13. If you provide the School with the personal information of others, such as other family members, doctors or emergency contacts, we encourage you to inform them you are disclosing that information to the School and why, that they can request access to and correction of that information if they wish and to also refer them to the School s Privacy Policy for further details about such requests and how the School otherwise handles personal information it collects and complaints it receives. Page -15-
APPENDIX 4: Notifiable Data Breach Response Plan Page -16-
Responsible Officer Approved by Risk & Compliance Manager Deputy Principal Approved and Commenced April 2018 Review by April 2019 Version 2 (Privacy Policy) Page -17-
10 Mandeville Crescent Toorak Victoria 3142 +61 3 9823 8100 www.loretotoorak.vic.edu.au