The 5th Element Alliance Pty Ltd and those entities controlled by The 5th Element Alliance (together, The 5th Element Alliance) are committed to collecting, handling and disclosing personal information lawfully and fairly and to taking reasonable steps to protect and safeguard personal information. The 5th Element Alliance is bound by the Privacy Act 1988 (Cth) (Privacy Act) and the ten National Privacy Principles set out in that Act.
- Sets out how The 5th Element Alliance , stores, uses and discloses personal information
- Relates to personal information collected by any means and by any technology
- Outlines how The 5th Element Alliance makes the personal information it holds available for access to and correction by an individual.
If you have any questions about this policy, please direct them to the Privacy Officer (see contact details below).
The 5th Element Alliance and GDPR
The 5th Element Alliance welcomes the EU General Data Protection Regulation (GDPR) as an important step forward in streamlining data protection requirements across the EU. THE 5TH ELEMENT ALLIANCE will comply with applicable GDPR regulations as a data processor when they take effect on 25th May 2018. Similar to existing legal requirements, compliance with the GDPR requires a partnership between THE 5TH ELEMENT ALLIANCE and our customers in their use of our services. THE 5TH ELEMENT ALLIANCE will comply with the GDPR in the delivery of our service to our customers. We are also dedicated to helping our customers comply with the GDPR. We have analysed the requirements of the GDPR and are working to make enhancements to our products, contracts, and documentation to help support THE 5TH ELEMENT ALLIANCE ’s and our customers’ compliance with the GDPR.
Collection of personal information
The 5th Element Alliance will, where it is reasonable or practicable to do so, collect personal information directly from an individual using a number of different methods, including collection via The 5th Element Alliance’s websites, electronic transmission (e.g. email), post, telephone, in person or portable devices. We may also collect personal information from third parties, including clients, contractors, service providers and other individuals.
The 5th Element Alliance will only collect personal information that is necessary to promote its business, to provide its services or to conduct its activities (Primary Purpose of Collection). These activities include:
- To provide products and services to clients
- To receive products and services from service providers and contractors
- To maintain and promote relationships with clients, service providers and contractors
- To provide clients and prospective clients with information on our services and products, economic and industry developments, and seminars and events that may be of interest to them
- To recruit and maintain relationships with staff
- To complete internal administration functions (e.g. invoicing clients).
The type of personal information collected may include names, date of birth, gender, marital status, addresses, contact details, job titles, account details and financial information.
Use of personal information
The 5th Element Alliance will use the personal information it collects in connection with the Primary Purpose of Collection.
Additionally, The 5th Element Alliance may use the personal information it collects for a purpose (Secondary Purpose) that is related to the Primary Purpose of Collection and in circumstances where an individual would reasonably expect us to use personal information for a Secondary Purpose.
Where The 5th Element Alliance uses personal information to market our products and services to clients and prospective clients, recipients can contact us at any time if they no longer wish to receive this marketing information. Alternatively, individuals will be given the opportunity to ‘opt out’ from receiving marketing communications from us by clicking on an unsubscribe link at the end of the email.
Access, data quality and correction
The 5th Element Alliance will provide access to personal information about an individual upon request by that individual (although there are some exceptions to granting access e.g. where providing access would be unlawful under the Privacy Act). If The 5th Element Alliance denies access to an individual’s personal information, it will provide reasons in writing.
The procedure for gaining access is as follows:
- An individual will need to make a request for access in writing, addressed to the Privacy Officer (see contact details below)
- An individual must provide sufficient details of the information requested
- The 5th Element Alliance will need to verify the identity of that individual
- The 5th Element Alliance may need to charge an administrative fee to cover the cost of access (however, there is no fee for lodging a request for access). The 5th Element Alliance will notify the individual of the proposed fee before proceeding
- The 5th Element Alliance will respond to a request as soon as reasonably practicable but by no later than 30 days of receipt of the request
- The 5th Element Alliance may deliver the requested information either by mail or by email.
The 5th Element Alliance will take all reasonable measures to aim to ensure that the personal information it holds is accurate, complete and up to date. Please contact the Privacy Officer if you believe that the information we have about you is not accurate, complete or up to date.
Disclosure of personal information
The 5th Element Alliance may disclose personal information to third parties, such as contractors, agents and service providers, to assist us with our activities and the provision of products and services to our clients. In doing so, we will take reasonable steps to ensure that these organisations are bound by obligations of confidentiality and privacy in order to protect personal information in accordance with the Privacy Act.
We may also send personal information to organisations outside Australia (including to The 5th Element Alliance associate companies) in connection with the provision of our products and services to clients and the performance of administrative functions.
Other than as outlined above, The 5th Element Alliance will not disclose personal information to any other third party unless The 5th Element Alliance has:
- Reasonable grounds to believe that the disclosure is required by law
- Reasonable grounds to believe that the disclosure is necessary to prevent a serious and imminent threat to a person’s life, health or safety
- The consent of an individual to do so.
The 5th Element Alliance has in place generally accepted standards of technological security for the purpose of protecting personal information from misuse, loss, corruption or destruction. Only authorised personnel have access to personal information. Such personnel are required by The 5th Element Alliance’s policies and employment contracts to maintain the confidentiality of this sensitive data.
Where personal information we hold is identified as no longer needed for any purpose for which the information may be used or disclosed under the Privacy Act, we will take reasonable steps to destroy such information e.g. by shredding in the case of paper records and other means in the case of electronic records.
ONLINE PRIVACY MATTERS
For statistical purposes, we may collect information through the use of ‘cookies’ on website activity (including the number of users who visit our websites, date and time of your visit to the Website, the pages accessed and any information downloaded, navigation patterns, the country and systems through which users have accessed the website).
Cookies are data that a website transfers to an individual’s hard drive for record-keeping purposes. Cookies can facilitate a user’s ongoing access to and use of a website and may be necessary to access features such as online transactions.
While we take great care to protect your personal information on our Website and use state-of-the-art data transmission encryption, unfortunately no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, we cannot ensure or warrant the security of any information that you send to us or receive from us online. This is particularly true for information you send to us via email. We have no way of protecting that information until it reaches us. Once we receive your transmission, we use our best efforts to ensure its security in our possession.
The Websites may contain links/ plug-ins to other sites. We are not responsible for content of, or the privacy practices or policies of, those sites.
The 5th Element Alliance takes care to protect the personal information given to us on our websites e.g. our websites have electronic security systems in place.