1. Introduction

Our Patch Education Pty Ltd (ABN: 50 640 869 209) recognises that every individual has the right to ensure their personal information is accurate and secure, and only used or disclosed to achieve the outcomes for which it was initially collected. Personal information will be managed openly and transparently in a way that protects an individual’s privacy and respects their rights under Australian privacy laws.

We manage personal information in accordance with and in compliance with the obligations under the Privacy Act 1988 (Cth), the Education and Care Services National Law, the Fair Work Act, the Superannuation Guarantee (Administration) Act, the Income Tax Assessment Act, Occupational Health and Safety acts, Workers Compensation acts, Family Assistance laws and related acts and regulations. In addition, Our Patch Education Pty Ltd complies with the Australian Privacy Principles published by the Office of the Australian Information Commission.

We only collect information that is reasonably necessary for the proper performance of our activities or functions. We do not collect personal information just because we think it could be useful at some future stage if we have no present need for it. We may decline to collect unsolicited personal information from or about you or your child and take steps to purge it from our systems. By following the links in this document, you will be able to find out how we manage you and your child’s personal information as an APP Entity under the Australian Privacy Principles (APPs). You will also be able to find out about the information flows associated with that information. If you have any questions, please contact us.

1.1. APP Entity

Our Patch Education Pty Ltd manages personal information, as an APP Entity, under the Australian Privacy Principles (APPs). Because we are a contracted service provider to a range of Commonwealth, State and Territory government agencies, it sometimes becomes necessary for us to collect and manage personal information as an Agency under different privacy arrangements. If you wish to know whether this applies to you, please contact us.

1.2. Information Flow

We collect personal information if it is necessary for us to carry out program operations or to comply with our legal obligations. This includes information required to comply with the National Education and Care Law and Regulations and to promote learning under the Early Years Learning Framework, We will also exchange your information with the Family Assistance Office in regards to your Child Care Subsidy (CCS) payments.

When we collect your personal information:

  • we check that it is reasonably necessary for our purposes as an Education and Care&nbsp provider.

  • we check that it is current, complete and accurate. This will sometimes mean that we have to cross check the information that we collect from you with third parties

  • we record and hold your information in our information record system.

  • we retrieve your information when we need to use or disclose it for our purposes

  • At that time, we check that it is current, complete, accurate and relevant. This will sometimes mean that we have to cross check the information that we collect from you with third parties once again – especially if some time has passed since we last checked.

  • subject to some exceptions, we permit you to access your personal information in accordance with APP:12 of the (APPs).

  • we correct or attach associated statements to your personal information in accordance with APP:13 of the (APPs).

  • we destroy or de-identify your personal information when it is no longer needed for any purpose for which it may be used or disclosed provided that it is lawful for us to do so. We do not destroy or de-identify information that is contained in a Commonwealth Record.

2. Kinds of information that we collect and hold

We collect personal information when recruiting personnel, such as your name, contact details, qualifications and work history.

The type of information that we typically collect when recruiting personnel is employment related information that is necessary to assess amenability to work offers and work availability and suitability for placements such as:

  • Candidate’s background, qualifications and references.
  • Past employment details
  • Valid Working with Children’s Check (for relevant state)
  • National Police Check, checking your right to work status
  • Identification of your training needs or any other products that may assist your development or employability
  • Our management of performance reviews, complaints, investigations or inquiries that involve you
  • Any insurance claim or workplace rehabilitation that requires disclosure of your personal and sensitive information.

Generally we will collect this information directly from you. We may also collect personal information from third parties in ways which you would expect (for example, from recruitment agencies or referees you have nominated). Before offering you a position, we may collect additional details such as your tax file number and superannuation information and other information necessary to conduct background checks to determine your suitability for working with children.

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2.3. For Business Partner/Suppliers

The type of information that we typically collect and hold about our Business Partners/Suppliers is information that is necessary to help us manage the presentation and delivery of our services and includes:

  • The names, mobile phone numbers and email addresses of contacts
  • Feedback given on selected candidates that have worked on a client site
  • Various site details and

2.4. For Referees

The type of information that we typically collect and hold about Referees is information that is necessary to help to make determinations about the suitability of one of our Job Applicants for particular jobs or types of work and includes:

  • Contact numbers and contact details and 
  • Declarations on the suitability of candidates

3. Purposes

The purposes for which we collect, hold, use and disclose your personal information are likely to differ depending on whether you are:

The following sections are also relevant to our use and disclosure of your personal information:

3.1. For Customers

Our Patch Education Pty Ltd will not disclose your personal information to others unless you would have reasonably expected us to do this or we have your consent. For example, personal information may be disclosed to:

  • emergency service personnel so they can provide medical treatment in an emergency
  • special needs educators or inclusion support agencies
  • trainers or presenters if children participate in special learning activities/incursions
  • another program to which a child is transferring where you have consented to the transfer.
  • the new operator of the program if we sell our business and you have consented to the transfer of enrolment and other documents listed in Regulation 177 of the National Education and Care Regulations.

We may disclose personal information where we are permitted or obliged to do so by an Australian law. For example, personal information may be disclosed to:

  • authorised officers when our program is assessed and rated under the National Education and Care Law and Regulations
  • Government agencies (eg for CCS)
  • software companies that provide child care management systems
  • management companies we may engage to administer the program
  • software companies that provide tailored computer based educational tools for children
  • lawyers in relation to a legal claim.
  • officers carrying out an external dispute resolution process
  • a debt collection company we use to recover outstanding fees
  • to child protection agencies or family support agencies when it is reasonably believed that a child is at risk of significant harm, as is required by the National Law and Our Patch Education Pty Ltd’s Child Protection Policy.

We do not disclose personal information to any person or organisation overseas or for any direct marketing purposes.

3.2. For Job Applicants/Employees

Our Patch Education Pty Ltd will not disclose your personal information to others unless you would have reasonably expected us to do this or we have your consent. For example, personal information may be disclosed to:

  • your referees
  • our related companies
  • regulatory authorities as required by the National Law and Regulations
  • Our insurers and Workers Compensation agencies
  • Australian Government Departments or Agencies including the Australian Taxation Office
  • Staff management;
  • Training;
  • Risk management;
  • Client and business relationship management;
  • Any person with a lawful entitlement to obtain the information.
  • Marketing services to you; but only where this is permitted and whilst you are employed with us;

3.3. For Business Partners/Suppliers

Personal information that we collect, hold, use and disclose about Business Partners/Suppliers is typically used for:

  • client and business relationship management;
  • recruitment functions;
  • marketing services to you;
  • statistical purposes and statutory compliance requirements;

3.4. For Referees

Personal information that we collect, hold, use and disclose about Referees is typically used for:

  • to confirm identity and authority to provide references;
  • Job Applicant suitability assessment;
  • recruitment functions;
  • confirm identity and authority to provide references and;
  • assess Job Applicant suitability

3.5. Our Policy on Direct Marketing

Our Patch Education Pty Ltd will only communicate directly with you to inform you about our products or services, upcoming promotions or events that may be of interest to you. Our Patch Education Pty Ltd may conduct and contact you for the purpose of market research for the purpose of optimising our services. Our Patch Education Pty Ltd will not sell personal information or data to any other entity for any purposes.

If you have received direct marketing materials from us and you no longer wish to receive direct marketing material from us, you are able to opt-out of direct marketing or market research from Our Patch Education Pty Ltd by clicking the unsubscribe button in the email, replying to the communication or contact us.

4. How your personal information is collected

The means by which we will generally collect your personal information are likely to differ depending on whether you are:

4.1. For Customers

Our Patch Education Pty Ltd may collect your personal information from a range of sources including directly from you at the point of enrolment, your use of the Our Patch Education Pty Ltd App or KidsXap, our standard forms, attendance at a program, promotions and events and from your subscription to receive Our Patch Education Pty Ltd updates and information.

Our Patch Education Pty Ltd may also collect personal information from suppliers, employees, prospective employees, personal contacts, third parties such as your child’s school, publicly available resources and through the ordinary course of business.

4.2. For Job Applicants/Employees

Personal information will be collected from you directly when you fill out and submit an application form or any other information in connection with your application to us for work. Personal information is also collected when:

  • You alter your availability or location

  • You change your numbers and contact details

  • We check your references and

  • When we gain feedback on your work performance

We may also collect personal information about you from a range of publicly available sources including newspapers, journals, directories, the Internet and social media sites. When we collect personal information about you from publicly available sources for inclusion in our records we will manage the information in accordance with the APPsand our Privacy Policy.

4.3. For Business Partners/Suppliers

Personal information about you may be collected:

  • when you provide it to us for business or business related social purposes

  • when you offer it at conferences

  • when you are referred to us by another client

We may also collect personal information about you from a range of publicly available sources including newspapers, journals, directories, the Internet and social media sites. When we collect personal information about you from publicly available sources for inclusion in our records we will manage the information in accordance with theAPPsand our Privacy Policy.

4.4. For Referees

Personal information about you may be collected when you provide it to us:

  • in the course of our checking Job seeker references with you and when we are checking information that we obtain from you about Job seekers

We may also collect personal information about you from a range of publicly available sources including newspapers, journals, directories, the Internet and social media sites. When we collect personal information about you from publicly available sources for inclusion in our records we will manage the information in accordance with the APPs and our Privacy Policy.

4.5. Electronic Transactions

Sometimes, we collect personal information that individuals choose to give us via online forms or by email, for example when individuals:

  • ask to be on a mailing list

  • enrol as a program attendee

  • apply for employment or submit a resume by email or through our website

  • make a written online enquiry or email us through our website

It is important that you understand that there are risks associated with use of the Internet and you should take all appropriate steps to protect your personal information. It might help you to look at the OAIC’s resource on Internet Communications and other Technologies.

You cancontact us by land line telephone or post if you have concerns about making contact via the Internet.

4.5.1 Access

You can contact us as set out below to request access to the personal information we hold about you and correction of that information. We may need to verify your identity.

Please provide as much detail as you can about the particular information you seek, to help us locate it. We will provide our reasons if we deny any request for access to or correction of personal information. Where we decide not to make a requested correction to your personal information and you disagree, you may ask us to make a note of your requested correction with the information.

We might impose a moderate charge in providing access. Our Privacy Co-ordinator would discuss these with you.

You should also anticipate that it may take a little time to process your application for access as there may be a need to retrieve information from storage and review information in order to determine what information may be provided. We will generally respond to your request for access within 20 working days.

4.5.2 Electronic Transactions

This section explains how we handle personal information collected from our website www.ourpatch.education and by other technology in the course of electronic transactions.

It is important that you understand that there are risks associated with use of the internet and you should take all appropriate steps to protect your personal information. It might help you to look at: Office of the Australian Information Commissioner

It is important that you:

  • Know your rights: read our privacy policy, collection statement and consent to electronic transactions
  • Be careful what information you share on the Web.
  • Use privacy tools on the site – control access to your search listing and profile.
  • Make sure your anti-virus and data protection software is up to date.
Please contact our office by phone or mail if you have concerns about making contact via the internet. For further information see the how to contact us in this document.

4.5.3 Browsing

When an individual looks at our website, our internet service provider (Telstra) makes a record of the visit and logs (in server logs) the following information for statistical purposes:

  • The individual’s server address

  • The individual’s top level domain name (for example .com, .gov, .org, .au, etc)

  • The pages the individual accessed and documents downloaded

  • The previous site the individual visited and

  • The type of browser being used.

We do not identify users or their browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect the internet service provider’s server logs.

We do not accept responsibility for the privacy policy of any other site to which our site has a hyperlink, and it is advisable to look at the privacy policy of other sites before disclosing personal information.

4.5.4 Cookies

Cookies are uniquely numbered identification numbers like tags which are placed on your browser. By themselves cookies do not identify you personally, but they may link back to a database record about you. If you register on our site we will then link your cookie back to your personal information details.

This site uses cookies to monitor usage of the website, to enable purchases, and to create a personal record of when you visit our website and what pages you view. Cookies are necessary to enable us to assess the effectiveness of our page content and SEO strategy on our web site, but if you do not wish us to retain any information about your visit to our site you could delete the cookies on your browser and change the settings on your web browser program. 

4.5.5 Web Bugs

If we use we bugs we will display a clearly visible icon on the page. The icon will include the name of the company collecting information and will be labelled as a tracking device. The Web bug will be linked to a page disclosing what data is collected, how it is used, and which companies receive the data. Web visitors will be able to opt out of data collection by Web bugs. Web bugs will not be used to collect sensitive information.

4.5.6 Cloud Computing Services

We cannot guarantee that any recipient of your personal information will protect it to the standard to which it ought be protected. The costs and difficulties of enforcement of privacy rights in foreign jurisdictions or against third parties and the impracticability of attempting to enforce such rights in some jurisdictions will mean that in some instances, we will need to seek your consent to disclosure.

In cases where we use cloud computing services we will take reasonable steps to ensure that:

  • Disclosure of your personal information to the cloud service provider is consistent with our disclosure obligations under the Privacy Principles. This may include ensuring that we have obtained your consent, or that the disclosure is for purposes within your reasonable expectations.

  • Disclosure is consistent with any other legal obligations, such as the restrictions on the disclosure of tax file number information or the disclosure by private employment agencies of applicant details

  • Our Cloud computing services provider’s terms of service recognise that we are bound by obligations to protect the privacy of your personal information and that they will not do anything that would cause us to breach those obligations.

4.5.7 Emails

Our technology systems log emails received and sent and may include voting, and read and receipt notifications to enable tracking.

When your email address is received by us because you send us a message, the email address will only be used or disclosed for the purpose for which you have provided it and it will not be added to a mailing list or used or disclosed for any other purpose without your consent other than as may be permitted or required by law.

4.5.8 Call and message logs

Our telephone technology (systems and mobile phones) logs telephone calls and messages received and sent and enables call number display.

When your call number is received by us because you phone us or send us a message, the number will only be used or disclosed for the purpose for which you have provided it and it will not be added to a phone list or used or disclosed for any other purpose without your consent other than as may be permitted or required by law.

4.5.9 Teleconferences and Video conferences

Teleconferences and video conferences may be recorded with your consent. In cases where it is proposed that they be recorded, we will tell you first the purpose for which they are to be used and retained.

4.5.10 Database

We use recruiting software and databases to log and record recruitment operations.

4.5.11 Paperless Office 

Recognising the environmental advantages and efficiencies it provides, we operate a wholly/partially paperless office as a result of which your paper based communications with us may be digitised and retained in digital format, the paper based communications may be culled.

It is therefore important that, except where specifically requested, you do not send us originals of any paper based document and that you retain copies for your own records.

Where we do request original paper based documents we will return them to you once they are no longer required by us for the purpose for which they may be used or disclosed.

5. How your personal information is held

Personal information is held in our information record systemuntil it is no longer needed for any purpose for which it may be used or disclosed at which time it will be de-identified or destroyed provided that it is lawful for us to do so. We take a range of measures to protect your personal information from:

  • misuse, interference and loss; and

  • unauthorised access, modification or disclosure.

5.1. Our Information Record System

  • We store information internally on an in-house server which is managed by a dedicated in-house IT team.

5.2. Information Security

Our information security system is built around data protection and privacy policy. This includes:

  • Staff training on confidentiality and privacy

  • Clean desk” procedures

  • Need-to-know and authorisation policies

  • Just-in-time collection policies

  • Password protection

  • Policies on laptop, mobile phone and portable storage device security

  • Policy on timely culling and

  • Culling procedures including shredding and secure disposal of confidential documents etc.

6. Disclosures

We may disclose your personal information for any of the purposefor which it is primarily held or for a related purpose. We may disclose your personal information where we are under a legal duty to do so. Disclosure will usually be:

  • internally and to our related entities 

  • to our Clients 

  • to Referees for suitability and screening purposes.

6.1. Related Purpose Disclosures

We outsource a number of services to contracted service suppliers (CSPs) from time to time. Our CSPs may see some of your personal information. Typically our CSPs would include:

  • Software solutions providers

  • I.T. contractors and database designers and Internet service suppliers

  • Legal and other professional advisors; 

  • Insurance brokers, loss assessors and underwriters

  • Superannuation fund managers

  • Background checking and screening agents

We take reasonable steps to ensure that terms of service with our CSPs recognise that we are bound by obligations to protect the privacy of your personal information and that they will not do anything that would cause us to breach those obligations.

We may disclose your personal information for any of the purposes for which it is primarily held or for a related purpose where lawfully permitted.

We may disclose your personal information where we are under a legal duty to do so, including circumstances where we are under a contractual or lawful duty of care to disclose information.

We do not share personal information about you with government agencies, organisations or anyone else unless one of the following applies:

  • You have consented

  • You would reasonably expect, or have been told, that information of that kind is usually passed to those individuals, bodies or agencies

  • It is required or authorised by law

  • It will prevent or lessen a serious and imminent threat to somebody’s life or health;

  • The disclosure is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of public revenue.

7. Access & Correction

Subject to some exceptions set out in privacy law, you can gain access to your personal information that we hold.

Important exceptions include:

  • access that would impact on the privacy rights of other people. We do refuse access if it would breach confidentiality.

For more information about access to your information see our Access Policy.

For more information about applying to correct your information see our Correction Policy.

7.1. Access Policy

If you wish to obtain access to your personal information you should contact our Privacy Co-ordinator. You will need to be in a position to verify your identity.

Subject to some exceptions that are set out in both the Australian Privacy Principles you can gain access to the personal information that we hold about you. To make a request to access your personal information, you will need to complete a written application form verifying your identity and specifying what information you require. We will respond to your request within a reasonable period after the request is made and provide access to the information in the manner requested, if it is reasonable and practicable to do so. Please ensure you request a specific time and date on when your information is required so we can reasonably inform you of our ability to respond within this time frame.

If we refuse to provide you with access to your personal information, we will notify you in writing of the reasons for the refusal and the process for escalation regarding this refusal.

7.2. Correction Policy

If you find that personal information that we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, you can ask us to correct it by contacting us.

We will take such steps as are reasonable in the circumstances to correct that information to ensure that, having regard to the purposefor which it is held, the information is accurate, up to date, complete, relevant and not misleading.

If we have disclosed personal information about you that is inaccurate, out of date, incomplete, irrelevant or misleading, you can ask us to notify the third parties to whom we made the disclosure and we will take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so.

8. Complaints

You have a right to complain about our handling of your personal information if you believe that we have interfered with your privacy. For more information see ourComplaints Procedure.

Complaints

If you are making a complaint about our handling of your personal information, it should first be made to us in writing.

You can make complaints about our handling of your personal information to our Privacy Co-ordinator, whose contact details are Rosa Piteri on 0499 161 612 or info@ourpatch.education

You can also make complaints to the Office of the Australian Information Commissioner

Complaints may also be made to the Education Regulatory Authority in your state.

When we receive your complaint:

  • We will take steps to confirm the authenticity of the complaint and the contact details provided to us to ensure that we are responding to you or to a person whom you have authorised to receive information about your complaint;

  • Upon confirmation we will write to you to acknowledge receipt and to confirm that we are handling your complaint in accordance with our privacy policy.

  • We may ask for clarification of certain aspects of the complaint and for further detail;

  • We will consider the complaint and may make inquiries of people who can assist us to establish what has happened and why

  • We will require a reasonable time (usually 30 days) to respond;

  • If the complaint can be resolved by procedures for access and correction we will suggest these to you as possible solutions;

  • If we believe that your complaint may be capable of some other solution we will suggest that solution to you, on a confidential and without prejudice basis in our response;

If the complaint cannot be resolved by means that we propose in our response, we will suggest that you take your complaint to any recognised external dispute resolution scheme to which we belong or to the Office of the Australian Information Commissioner

Future Changes

This policy may change over time in light of changes to privacy laws, technology and business practice. If you use our website regularly it is important that you check this policy regularly to ensure that you are aware of the extent of any consent, authorisation or permission you might give.

This Privacy Policy was last updated in January 2021.