Privacy Policy

1.0      Intention of Policy

James’ Home Services respects the privacy of all people including all James Home Services head office staff and contractors, Regional Franchisors and their staff and contractors, Franchisees and their staff and contractors and users of our services.  James’ Home Services is committed to safeguarding the personal information that is provided. James’ Home Services adheres to the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) (“the Privacy Act”) and the Privacy Amendment Act 2000 (Cth).

 

2.0.     Definitions

Privacy means the right to:  

  • be free from interference and intrusion;
  • to associate freely with whom you want; and
  • to be able to control who can see or use information about you.

Confidentiality means the protection of Personal Information.

Personal Information, as defined in the Privacy Act, means 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.

NDIS means National Disability Insurance Scheme.

Sensitive Information means:

  • information or an opinion about an individual’s:
  • racial or ethnic origin; or
  • political opinions; or
  • membership of a political association; or
  • religious beliefs or affiliations; or
  • philosophical beliefs; or
  • membership of a professional or trade association; or
  • membership of a trade union; or
  • sexual orientation or practices; or
  • criminal record;

that is also personal information; or

  • health information about an individual; or
  • genetic information about an individual that is not otherwise health information; or
  • biometric information that is to be used for the purpose of automated biometric verification or biometric information; or
  • biometric templates.

 

3.0.     Privacy Policy

It may be necessary in some circumstances for James’ Home Services to collect some forms of Personal Information about a person to ensure the highest quality of services are provided to our clients and customers.  

Personal Information regarding James’ Homes Services’ employees, independent contractors, franchisees’ or regional franchisors are collected for administrative and workplace health and safety purposes.

James’ Home Services will only collect and release Personal Information with consent, as permitted by law or in a de-identified aggregated manner.

All persons operating within the James’ Home Services’ franchise network have a responsibility to ensure that Personal Information is handled in a manner that complies with this policy.

 

4.0.     Third parties

Where reasonable and practicable to do so, James’ Home Services will collect Personal Information only from you. However, in some circumstances we may be provided with information by third parties. Where this occurs, we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

 

5.0.     Personal Information collected by James Home Services

The Personal Information that James’ Home Services may request will depend on the nature of our relationship with that person. For example, whether the person is a client, customer, a NDIS participant, an employee, an independent contractor, franchisee or regional franchisor.  

Examples of Personal Information we may collect include:

  • general identification information such as names, job titles, occupation, date of birth and gender;
  • contact details such as address, email address, phone and mobile phone number;
  • educational qualifications, employment history and referee reports;
  • payment details such as bank account details;
  • government-issued identification numbers such as tax file numbers;
  • visa or work permit status and related information; and
  • information about immigration status.

 

6.0.     Purpose for collecting, holding, using and disclosing Personal Information

James’ Home Servicers only collects Personal Information for purposes directly related to our activities such as:

  • providing services;
  • working with government and other non-government agencies;
  • operating our businesses;
  • responding to enquiries about our services; and/or
  • administrative activities and

James’ Home Services may also collect Personal Information in its normal communications, including when a person:

  • emails a representative of the company;
  • contacts the James’ Home Services call centre;
  • submits an online enquiry; and/or
  • provides their business card.

 

7.0.     Disclosure of Personal Information

James’ Home Services only holds Personal Information for the primary purpose it was given. We may share your Personal Information with other parties including:

  • you or your authorised representative(s);
  • personnel within James’ Homes Services;
  • our agents, independent contractors and suppliers that assist us with providing our services;
  • nominated superannuation funds;
  • other parties including government or regulatory bodies (for example, the Australian Taxation Office, the Department of Immigration and Border Protection, the Federal Police) as required by law;
  • other parties when you ask us to do so or when you consent to that disclosure.

 

James’ Home Services does not disclose Personal Information to third parties for the purpose of allowing them to send marketing material to you. However, we may share non-personal, de-identified or aggregated information with select third parties for research, development, analytics or promotional purposes other than direct marketing.

 

8.0.     Storage and protection of Personal Information

James’ Home Services takes steps to ensure that your Personal Information is stored in a manner that reasonably protects it from misuse, interference, loss, unauthorised access, modification or disclosure. These steps include moderated access to information.

When Personal Information is no longer required by James’ Home Services, it is destroyed, deleted or de-identified in a secure manner, unless James’ Home Services is required by law to keep the information.

 

9.0.     Access to Personal Information

Australian privacy laws allow you a general right to access your Personal Information. Where you request access to Personal Information held by James’ Home Services, we will grant access within 30 days of the request being made, in writing, unless a valid reason to not provide access exists.

An example of a valid reason to not provide access may include:

  • where James’ Home Services believes that giving you access may endanger the life, health or safety of any individual, or endanger public health or safety;
  • giving you access would impact on the privacy of other individuals;
  • your request is frivolous or vexatious;
  • your Personal Information to existing or anticipated legal proceedings between you and James’ Home Services;
  • granting your request would be unlawful; or
  • when denying access to the Personal Information is authorised by law.

 

10.0.     Responsibilities

10.1.     Master Franchisor

The Master Franchisor is responsible for ensuring that:

  • All regional franchisors, franchisees employees and contractors are aware of their obligations, responsibilities and rights under this policy;
  • Matters, which do not comply with this policy, are identified and addressed as promptly and sensitively as possible;
  • Ongoing support and guidance is provided to all James’ Home Services personnel in relation to this policy.

 

10.2.     Regional Franchisors & Regional Managers

Regional franchisors and regional managers are responsible for ensuring:

  • they understand their obligations under the Privacy Act and this policy, are committed to the Australian Privacy Principles, and that they are applied in the workplace;
  • all decisions relating to the management of information are considered in the context of this policy and the legislative obligations;
  • they provide an environment which encourages compliance with this policy and set an example by their own behaviour;
  • all franchisees are aware of this policy.

 

10.3.     Franchisees & their staff and contractors

Franchisees and their staff and contractors are responsible for ensuring that they comply with the terms of this policy.

 

10.4.     Employees

This policy applies to all James’ Home Services employees. Employees must read, understand and comply with this policy when process Personal Information and Sensitive Information on our behalf.

Compliance with this policy is mandatory.

 

11.0.     Breaches of the policy

James’ Home Services personnel who have access to Personal and Sensitive Information in the course of their duties are bound to the requirements under the Privacy Act.  

Breaches of the Privacy Act by James’ Home Services personnel will be dealt with in accordance with the James’ Home Services’ Code of Conduct.

 

12.0.     Complaints

You may notify us of any complaint you may have about our handling of your Personal Information.

All complaints must be in writing and directed to:

 

Client Manager

James’ Home Services Australia Pty Ltd

PO Box 5099

Cairns QLD 4870

 

Any complaint or concern will be investigated by the client manager in consultation with the managing director of James’ Home Services.

We will endeavour to reply to you within 30 days of receipt of the complaint and, where appropriate, will advise you of the general reasons for the outcome of the complaint.

If you are not satisfied with the outcome of your complaint, you may refer your complaint to the Office of the Australian Information Commissioner by calling 1300 363 992 or by email: enquiries@oaic.gov.au.  

 

13.0.     Relevant References

  • Privacy Act 1988 (Cth)
  • Australian Privacy Principles Disability Service Act 2006 (Cth)
  • National Disability Insurance Scheme Act 2013 (Cth)
  • NDIS Terms of Business for Registered Providers
  • Human Services Quality Standards

 

14.0.     Version Control

Last Updated:

4 March 2021

Author:

Legal Team

Review Date:

1 July 2021

Approver:

Justin Kelly