Introduction
NSW Ports group of companies [1] (NSW Ports, we, us and our) respects people's privacy and adheres to the Privacy Act 1988 (Cth) (the Privacy Act), including the Australian Privacy Principles, as well as other applicable laws protecting privacy.
Purpose and Scope
This Privacy Policy (Policy) explains how and why NSW Ports collects, uses, holds and discloses personal information.
Personal information is any information or an opinion about an identified individual, or an individual who can be reasonably identified from the information or opinion. Information or an opinion may be personal information regardless of whether it is true.
Sensitive information is a subset of personal information and includes information about an individual’s health, race, ethnic origin, membership of a professional or trade organisation and criminal record.
Generally, if appropriate and practicable, NSW Ports will tell an individual why we are collecting personal information when NSW Ports collects the information and how NSW Ports plans to use the information or these things will be obvious when NSW Ports collects the information. You consent to us collecting, holding, using and disclosing your personal information in accordance with this Policy.
NSW Ports may modify or update this Policy from time to time by publishing it on its website: www.nswports.com.au (Website). NSW Ports encourages individuals to check the Website periodically to ensure that they are aware of the current Policy.
Why we collect and hold your personal information
NSW Ports collects, holds and uses personal information to:
- provide access, services and information to customers and port users and manage customer relationships;
- manage business operations;
- manage stakeholder relationships, including responses to queries or complaints; and
- comply with the law.
If you choose not to provide certain personal information to NSW Ports, we may not be able to provide you with the services or information you require.
What personal information does NSW Ports collect and hold?
The following are the main types of personal information collected by NSW Ports and the methods of collection:
Contact information:
An individual may choose to provide NSW Ports with their name or other contact details when they contact NSW Ports by phone, email, post or using its Website, so that NSW Ports can respond to requests for information about its services and facilities.
Information on how you access, use and interact with the Website:
We may collect information about how you access, use and interact with the Website, which may include the location from which you have come to the Website and the pages you have visited; technical data, which may include IP address; and the types of devices you are using to access the Website, device attributes, browser type, language and operating system.
Images, video recordings and IT surveillance:
Photos and video recordings of individuals and their vehicles may be taken in various locations at various times, including when accessing, using and leaving NSW Ports facilities or when voluntarily participating in NSW Ports public and community events or competitions. Video recordings may be made of online meetings. Photos and video recordings may be collected by NSW Ports, its contractors and labour hire personnel or sourced from community stakeholders.
Images may be captured on access security systems. CCTV and body worn camera footage of individuals is also captured for business operational and security purposes. Vehicle images and automated number plate recognition software may be used to monitor vehicle movements around and within NSW Ports’ facilities.
NSW Ports conducts continuous online IT surveillance for cybersecurity and network optimisation purposes. This includes names, contact and access details of any users of NSW Ports’ devices and systems.
Port User records:
NSW Ports manages its facilities as required by law. When ships use our facilities, we collect personal information from our customers, including shipping agents, about crew and visitors, including their images, movements, the purpose of visits, passports and/or other forms of identification.
When individuals use our Bulk Liquid Berths at Port Botany, we may conduct drug and alcohol tests and record the results. This information is collected by breathalysing and taking specimens directly from the individual.
Work, Health and Safety records
If an individual is involved in an incident at a NSW Ports facility, information will be collected to enable NSW Ports to comply with its work health and safety obligations.
Payment records:
NSW Ports collects information directly from customers, including billing information, financial information (including transaction and credit or debit card details or in relation to the provision of credit) and about their use of NSW Ports' services and facilities, generally by email.
Recruitment and employment/engagement records:
NSW Ports may collect certain information from the individual (including their name, contact details, date of birth, resume, information about their education, working history and relevant reference checks) associated with recruitment and prospective employment /engagement. This may include the collection of sensitive information, such as information about the applicant’s health, race, ethnic origin, membership of a professional or trade organisation and criminal record. Information is generally collected by phone or email.
Community grant records:
NSW Ports operates a community grants program for local groups, not-for-profit organisations and schools. Personal information may be provided by these organisations in online grant application forms, grant acquittal surveys and by email.
Data Analysis and Marketing
When NSW Ports collects personal information, it may sometimes also use that information to carry out market data analysis so that NSW Ports can continue to deliver its services and facilities.
If an individual has agreed or asked NSW Ports to do so, NSW Ports may also use that individual's personal information to keep the individual up to date with information about NSW Ports' services and facilities. Individuals who no longer wish to be sent these communications can ask to be unsubscribed using the details in the ‘Further information’ section of this Policy.
Disclosing personal information
NSW Ports generally uses and discloses personal information for the purposes for which it was collected, to provide its services and operate its facilities (including as described above), or otherwise as required or authorised by law. For the purposes described in this policy, NSW Ports may disclose personal information:
- to any of its related companies;
- to its suppliers, contractors, labour hire personnel, tenants, auditors, insurers, other professional advisers and agents;
- to government agencies or individuals appointed by a government responsible for:
- receiving regulatory reports or operator/industry information;
- managing the interface between NSW Ports facilities and external facilities/public areas;
- responding to and investigating incidents at NSW Ports facilities; or
- investigating and resolving disputes or complaints concerning the use of NSW Ports services and facilities;
- to anyone to whom NSW Ports' assets or business (or any part of it) is transferred;
- where an individual to whom the personal information relates has otherwise consented; or
- as otherwise required or authorised by law.
NSW Ports engages several third-party IT service providers (IT Service Providers) to manage and support NSW Ports’ IT infrastructure. The IT Service Providers may supply, or alternatively engage and manage other suppliers and contractors (IT Contractors) to supply, various IT services including IT support services, systems maintenance services and data hosting and storage services in respect of personal information that NSW Ports collects, both in Australia and overseas (Jursidictions) .
The IT Service Providers and IT Contractors may access personal information collected by NSW Ports and may transmit, maintain and store all or parts of that personal information on multiple servers across the Jurisdictions.
Individuals that provide NSW Ports with personal information (including through use of the Website or via any other means):
(a) consent to NSW Ports transferring the personal information to its IT Service Providers or otherwise permitting its IT Service Providers to access and use the personal information for the purposes of the IT Service Providers providing or managing IT services;
(b) consent to the IT Service Providers transferring the personal information to the IT Contractors or otherwise permitting the IT Service Providers and IT Contractors to access and use the personal information in connection with providing or managing the supply of such IT services to NSW Ports; and
(c) consent to NSW Ports, the IT Service Providers and IT Contractors accessing the personal information from any of the Jurisdictions and transmitting, maintaining and storing personal information between and on servers located in the Jurisdictions.
Security
NSW Ports implements reasonable safeguards and security measures to protect personal information from risks such as misuse, interference, unauthorised access, modification or disclosure. Please note, however, that the internet is not a secure environment and although reasonable care is taken, NSW Ports cannot guarantee the security of information provided to it via electronic means or stored electronically.
Links to other sites
The Website may contain links to other websites. NSW Ports is not responsible for the privacy practices or the content of such other websites. The privacy policies applicable to such other websites may differ substantially from this Policy, so NSW Ports advises individuals to read them before using those websites. NSW Ports will not be liable for any use of those websites.
Access, correction and complaints handling
Under the Privacy Act, an individual has a right to, and NSW Ports will provide that individual with, access to applicable personal information that NSW Ports has about that individual (other than employee records). In some circumstances it may not be possible for NSW Ports to provide the individual with all of their personal information. Where this is the case, NSW Ports will advise the individual.
When an individual requests access, NSW Ports may need to take measures to verify the individual's identity. If an individual thinks that any personal information NSW Ports holds about him or her is inaccurate, the individual may contact NSW Ports' Privacy Officer (contact details below) and NSW Ports will take reasonable steps to ensure that the information is corrected.
If an individual wishes to make a complaint about the way NSW Ports has handled his or her personal information (including if the individual thinks NSW Ports has breached the Privacy Act) the individual may do so to NSW Ports' Privacy Officer. NSW Ports' Privacy Officer will investigate the complaint and respond promptly. If the complainant considers that NSW Ports has failed to resolve the complaint satisfactorily, the complainant can complain to the Office of the Australian Information Commissioner (www.oaic.gov.au).
For access and complaints, please contact NSW Ports' Privacy Officer using the contact details provided below. Please include return contact details such as email address, name, address and phone number and clearly describe the request / complaint.
Further information
For further information about NSW Ports privacy policies or practices please contact NSW Ports' Privacy Officer:
To: Privacy Officer/Company Secretary
Email: privacy@nswports.com.au
Phone: 1300 922 524
Address: PO Box 297, Botany NSW 1455
[1] NSW Ports group of companies consists of NSW Ports Pty Ltd, NSW Ports Operations Hold Co Pty Ltd, Port Botany Operations Pty Limited, Port Kembla Operations Pty Ltd, NSW Ports Botany Property Co Pty Limited, NSW Ports Kembla Property Co Pty Limited and NSW Ports Finance Co Pty Limited. Registered office: Brotherson House, Gate B103, Penrhyn Road, Port Botany, NSW 2036.