Battery Stewardship Privacy Policy
1. Scope
1.1. This Policy applies to the collection, use, disclosure and handling of personal and sensitive information collected by the Battery Stewardship Council (BSC).
1.2. The BSC is committed to protecting the privacy of individuals who deal with us and to managing personal information in an open and transparent way.
1.3. We are required to comply with the Privacy Act 1988 (Act) (amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth)) in order to maintain information handling standards.
1.4. This Privacy Policy sets out how we manage personal information. A copy of this Privacy Policy can be found at https://bcycle.com.au/, or you may request it in a different form.
2. What is Personal and Sensitive information?
2.1. Personal information includes information collected, held, used or disclosed by BSC from time to time in accordance with this Policy. This may include an Individual’s name, date of birth, residential addresses, telephone number, mobile number, fax number, email address, banking details, medical history or illness.
2.2. Sensitive Information includes information about an Individual’s race, political opinion, political membership, religious beliefs, health, philosophical beliefs, sexual orientation or professional or trade association membership.
3. How the BSC collects personal information
3.1. The BSC may collect personal information in several ways, including:
- directly from Scheme participants or other external contacts when external contacts provide information or instructions;
- in the course of providing a Scheme participant, organisation or other contact with advice, services or solutions;
- in the course of offering employment to an Individual;
- in a business development context; and
- from publicly available sources of information.
3.2. Reasonable steps will be taken to ensure that an Individual is aware of why BSC is collecting personal information, what it will be used for, who it will be disclosed to and how to access it.
3.3. BSC will not collect personal information from an Individual unless the information is reasonably necessary for or directly related to one or more of BSC’s functions or activities.
4. Use of personal information by BSC
BSC may collect, hold, use and disclose personal information for the following purposes:
4.1. purposes related to the Individual’s current or previous employment with BSC, e.g. for remuneration;
4.2. marketing and business development purposes e.g. preparation of team-based fact sheets distributed to clients, suppliers and/or customers; and
4.3. purposes relating to the operation and transparency of the Scheme;
4.4. workplace health and safety, e.g. emergency contact details in a medical emergency.
5. Sensitive Information
5.1. BSC will not collect Sensitive Information except where:
- the Individual has consented; or
- the collection is legally necessary or authorised under an Australian law or by a court or tribunal; or
- BSC believes collection is reasonably necessary (permitted general situation):
- to lessen or prevent a serious threat to the life, health or safety of any Individual, or to public health or safety, and it is impracticable to obtain consent;
- to take appropriate action in relation to unlawful activity or serious misconduct;
- to assist an entity, body or person to locate a missing person; or
- for the purposes of a confidential alternative dispute resolution process.
- the information is health information and its collection is necessary (permitted health situation):
- for research relevant to public health or safety where consent is impracticable and BSC reasonably believes the recipient will not disclose the information;
- in the case of genetic information obtained in the course of providing a health service, to lessen or prevent a serious threat to the life, health or safety of a genetic relative;
- to provide appropriate care or treatment, or for compassionate reasons, where the Individual is incapable of giving consent, and disclosure is not contrary to any wish previously expressed.
6. How BSC holds personal information
6.1. BSC may hold personal information in a number of ways, including:
- electronically on onsite computer databases; and
- in hard copy at offices of relevant staff.
6.2. BSC takes steps to protect personal information from misuse, unauthorised access, disclosure, modification or loss. This includes:
- secure cloud storage with two-factor authentication;
- file-level passwords on personal data;
- restricted access based on roles;
- employment contracts defining access and usage of IT systems and data;
- corporate policies for Information Security Management (ISM), Internet Security, Cyber Security, Data Storage, and Incident Management.
6.3. BSC will take reasonable steps to destroy or de-identify personal information once no longer needed.
7. When BSC will use or disclose personal information
7.1. The use or disclosure of an Individual’s personal information will only be for the primary purpose unless:
- BSC is under a legal duty or compelled by law;
- the Individual has consented;
- the Individual would reasonably expect disclosure for a related purpose;
- one of the circumstances in clause 4 arises; or
- BSC reasonably believes disclosure is necessary for enforcement activities.
7.2. BSC will not disclose personal information to a third party without express consent.
7.3. If permitted by law, BSC may use personal information to send newsletters, updates, invitations, and other material.
(a) You can opt out at any time by contacting privacy@bsc.org.au.
8. Personal information of Individuals to be kept up-to-date
8.1. BSC will take reasonable precautions to ensure that personal information it collects, uses and discloses is accurate, complete and up-to-date.
9. Requests for access to personal information
9.1. An Individual is entitled to access any personal information BSC holds about them, unless:
- giving access would pose a serious threat to life, health or safety;
- giving access would unreasonably impact others’ privacy;
- the request is frivolous or vexatious;
- the information relates to legal proceedings and would not be discoverable;
- giving access would reveal BSC’s negotiation intentions;
- access would be unlawful;
- denying access is required by law;
- BSC suspects unlawful activity or misconduct;
- giving access would prejudice enforcement activities; or
- giving access would reveal evaluative information from a commercially sensitive process.
9.2. Requests for access should be addressed in writing to the BSC Privacy Officer.
9.3. Requests will be responded to as soon as practicable, with reasons provided for any refusal.
9.4. An Individual may request correction of personal information. BSC will take reasonable steps to correct it promptly.
10. How to make a complaint about privacy
10.1. BSC will promptly acknowledge and investigate complaints about personal information management.
10.2. Complaints regarding compliance with the Australian Privacy Principles should be addressed to the BSC Privacy Officer in writing.
10.3. Once a complaint is received, the following procedures apply:
- The Privacy Officer will acknowledge receipt in writing.
- The Privacy Officer will investigate with regard to the Privacy Act and Principles.
- The Privacy Officer will provide an anonymous written Complaint Report to the Chair of the Board.
- The Chair will review the Complaint Report and either:
- determine that the complaint is rejected; or
- refer the matter to the CEO for further consideration.
- The outcome will be communicated to the Privacy Officer and relayed to the complainant in writing.
- If referred to the CEO, a final determination will be reached at the next Board meeting and relayed to the complainant.
10.4. The identity of a complainant will not be disclosed unless agreed between the Privacy Officer and complainant.
10.5. The Privacy Officer will provide written reasons for a determination where practicable.
11. Contact details
11.1. If you have any queries about this Policy, wish to gain access to personal information BSC may hold about you or would like to make a privacy complaint, contact the Privacy Officer at privacy@bsc.org.au.
REF: BSC Protocol – B-cycle Data Privacy 20241024