Privacy

1. PURPOSE

This policy outlines how Evolve Housing Limited and its controlled entities (referred to as EHL Group or the Company) collects, uses, stores and discloses Personal Information in accordance with the Australian Privacy Principles 2014 (APPs) under the Privacy Act 1988 (Cth) (Act).

2. IN AND OUT OF SCOPE

This Policy applies to all individuals which EHL Group and its controlled entities will be collecting Personal Information from with the exception of Evolve Housing Vic Limited (which has adopted a separate policy akin to this Policy).

Individuals include, but are not limited to, EHL Group Clients, Directors, Employees and Employment Candidates.

3. POLICY STATEMENT

EHL Group is committed to respecting and protecting the privacy and rights of individuals.

3.1 Personal Information

When used in this Privacy Policy, the term “Personal Information” has the meaning given to it in the Act. Basically, Personal Information is any information held by an entity that can be used on its own or in combination with other information held by the same entity, to personally identify an individual. This can include an individual’s:

• Name
• Address
• Email address
• Contact number
• Age or date of birth
• Gender
• Ethnicity
• Country of origin
• Religious belief
• Employment history
• Income details
• Proof of identity
• Photographs
• Profession, occupation or job title
• Work experience
• Educational qualifications
• Centrelink information
• Credit information and other financial records
• Next of kin
• Public trustee details
• Bank statements
• Criminal history
• Tax File Number / Returns
• Tenant ledgers

Personal Information includes Sensitive Information (see section 4.7 of this Policy).

EHL Group may also collect information that is not Personal Information because it does not identify a particular individual. For example, Evolve Housing may collect anonymous answers / feedback to surveys or aggregated information about how users use the Evolve Housing website.

3.2 Collecting Personal Information

EHL Group collects Personal Information directly from the individual unless it is unreasonable or impracticable to do so, as well as through third parties. Evolve Housing can collect Personal Information in the following ways:

• Written forms
• Face-to-face
• Over the phone or other messaging technology
• Via the internet, including email or Evolve Housing’s website
• Hardcopy documents provided by individuals
• Via a third party, e.g. government entities, law enforcement agencies, social workers, medical practitioners, previous landlords, personal referees, tenancy databases, recruitment agencies, etc.

3.3 Purpose of Collecting Personal Information

EHL Group collects Personal Information to perform business activities and deliver services. EHL Group will not collect information unless it is for a proper and lawful purpose.

In most situations, individuals will be advised as to why Evolve Housing is collecting Personal Information and who else might receive this information. Evolve Housing may decide not to provide this advice to individuals if Evolve Housing is not legally required to provide the advice.

The purposes for collecting Personal Information from each category of individuals may include:

If an individual does not provide Evolve Housing with Personal Information when prompted, Evolve Housing may be unable to contact the individual or provide any services to the individual. In the case of employment candidates, Evolve Housing will not be able to consider applications for employment.

3.4 Unsolicited Personal Information

In the event Evolve Housing receives unsolicited Personal Information, Evolve will determine whether it could have been lawful for the Personal Information to be collected if it had been solicited. If it isn’t, Evolve Housing will destroy the information or ensure that the information is de-identified as soon as practicable and only if it is lawful and reasonable to do so.

3.5 Disclosure of Personal Information

Evolve Housing may disclose Personal Information for a purpose for which it was collected (as listed in 4.3) eg to arrange maintenance contractors for your residence.

Evolve Housing will only disclose Personal Information for another purpose:

• If the disclosure is directly related to the purpose for which the information was collected and there is no reason to believe that the person concerned would object
• If the person to whom the information relates was informed when the information was collected that it might be disclosed in this way;
• If it is reasonably believed that the disclosure is necessary to prevent or lessen a serious and imminent threat to any person’s health, safety or life
• Where the person to whom the information relates to has provided informed consent
• If a permitted general situation exists in relation to the use or disclosure of the information
• If lawfully authorised or required to do so under the Privacy Act by legislation, or a Privacy Code of Practice, or Evolve Housing’s Privacy Policy, and if available, supported by a Service Agreement or similar document.

3.5.1 Record of Understanding

Evolve Housing and the NSW Police may also exchange information through a Record of Understanding to:

• Maintain law and order in and around Evolve Housing properties
• Develop and implement crime prevention and community safety strategies.
  A deed of confidentiality is signed by the officers accessing the information and the signed deed placed on the tenant file.

Evolve Housing will also provide information to police when subpoenaed, unless the information is not in the public interest - in these cases, Evolve Housing may lodge an appeal not to provide the information.

3.5.2 Providing information to a third party

Where information is being disclosed to a third party, Evolve Housing ensures that the third party is also bound by the Privacy Act and has an obligation to keep Personal Information confidential and to take reasonable steps to keep the Personal Information secure from misuse, interference, loss, unauthorised access, modification or disclosure.

3.6 Storage of Personal Information

Evolve Housing is committed to protecting Personal Information and takes reasonable steps to ensure Personal Information is protected from misuse, interference, loss, and unauthorised access, modification or disclosure. Some of the security measures include:

• Physical, electronic, and procedural safeguards in line with industry standards (such as passwords and physical locks on cabinets)
• Secure server and closed network environments
• Limited access to Personal Information (e.g. only relevant employees who require an individual’s Personal Information to carry out his / her normal line of duties are allowed access)
• Management of access privileges, and regular review of the privileges
  • Destroying or de-identifying Personal Information pursuant to the law and record retention policies

3.7 Sensitive Information

‘Sensitive information’ is a subset of Personal Information. In short, it is Information about an individual’s:

• racial or ethnic origin
• political opinions or membership of a political association
  • religious beliefs or affiliations, or philosophical beliefs
  • membership of a professional or trade association or trade union
• sexual orientation or practices, or
• criminal record

It also includes an individual’s health information, genetic information, and biometric information.

Evolve Housing recognises that Sensitive Information is generally afforded a higher level of privacy protection under the APPs than other Personal Information. Evolve recognises that inappropriate handling of sensitive information can have adverse consequences for an individual or those associated with the individual, including discrimination, mistreatment, humiliation, embarrassment or the undermining of an individual’s dignity.

Evolve Housing may collect Sensitive Information about an individual, but only where the individual has provided consent and where the information is relevant to the services provided by Evolve Housing.

3.8 Access and Correction of Information

Individuals have the right to request access to the Personal Information Evolve Housing holds about them, and request correction of any inaccurate, out-of-date, incomplete, irrelevant or misleading Personal Information. It is the individual’s responsibility to inform Evolve Housing of any corrections or changes to Personal Information. Individuals who would like to request access to, or correction of, their Personal Information held by Evolve Housing, must contact Evolve Housing using the details provided in Section 3.10 below.

There may be instances where a request to access could be refused if it falls under a category outlined in APP12, however on these occasions Evolve Housing will inform the individual in writing of the reason for the refusal and any avenues to make a complaint about that decision.

3.9 Complaints

If an individual is concerned that Evolve Housing has not complied with applicable privacy laws, the individual may raise a complaint through Evolve Housing’s complaints process. The process is as follows:

Step 1: Let Evolve Housing know

The individual should contact our Privacy Officer using the details provided in Section 4.10 below. We will acknowledge the complaint within 2 working days.

Step 2: Investigation of Complaint

The complaint will be investigated by our Privacy Officer. A response to the complaint will be provided in writing within 20 working days.

Step 3: It is expected that Evolve’s procedures will deal fairly and promptly with a complaint. However, if the individual remains dissatisfied, they can also contact the Office of the Australian Information Commissioner as follows:

Office of the Australian Information Commissioner (OAIC) GPO Box 5218
Sydney NSW 2001
www.oaic.gov.au

Note: Complaints must be made in writing

3.10 Contacting Evolve Housing about Privacy

Individuals may contact Evolve Housing with regards to the following matters:

4. DEFINITIONS

• Director – a person who is a Director of Evolve Housing Limited
  • Employee – any person employed by, or engaged to represent Evolve Housing including contractors, volunteers and students
  • Employment Candidate – a person who makes an application for employment with Evolve Housing
• Evolve Housing Client – for the purpose of this Policy, a person who uses or applies to use goods or services provided by Evolve Housing
• Personal Information – “information or an opinion about an identified individual, or an individual who is reasonably identifiable:
• Whether the information or opinion is true or not; and
• Whether the information or opinion is recorded in a material form or not”
• Record of Understanding (ROU) - is an agreement between NSW Police and registered community housing providers that facilitates the exchange of information in relation to crime and anti-social behaviour
• Sensitive Information –

(a)  information or an opinion about an individual’s:

(i)  racial or ethnic origin; or

(ii)  political opinions; or

(iii)  membership of a political association; or

(iv)  religious beliefs or affiliations; or

(v)  philosophical beliefs; or

(vi)  membership of a professional or trade association; or

(vii)  membership of a trade union; or

(viii)  sexual orientation or practices; or

(ix)  criminal record;

(b)  that is also personal information; or

(c)  health information about an individual; or

(d)  genetic information about an individual that is not otherwise health information; or

(e)  biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or

(f)  biometric templates

• EHL Group – Evolve Housing Limited (EHL) and any entity that is controlled by EHL

5. RELATED RESOURCES

• Australian Privacy Principles 2014
• Privacy Act 1988 (Cth)
  • Privacy Amendment (Enhancing Privacy Protection) Act 2012
  •  Office of the Australian Information Commissioner – www.oaic.gov.au

This Policy is subject to change from time to time at the discretion of EHL Group. Any approvals required under this Policy will be granted in accordance with the EHL Group Delegations of Authority Policy. Further information on this Policy and other topics, is available on the Evolve Housing website www.evolvehousing.com.au. If you have any specific questions regarding this Policy, please contact Evolve Housing on 1800 693 865 or email your enquiry to myevolve@evolvehousing.com.au.

EHL Group Privacy POLICY

Document No: EHLG009 | Approved: 4 July 2022 | Version:2.0