1. Privacy

1.1 Definition

For the purpose of this policy Weight Loss Coaching Works (WLCW) means and includes all its associated and controlled entities.

For the purpose of this policy “participant” means any person who is a member of the public and not an employee of Weight Loss Coaching Works (WLCW) and is entitled to protection under the current privacy legislation in Australia.

Weight Loss Coaching Works (WLCW) information is kept on a database and controlled in Australia and Philippines by Transformational Hub Pty Ltd.

1.2 Legislation

This policy is an integrated to other related legislation that includes, but is not limited, the following:

• Freedom of Information Act 1989
• ICAC Act 1988
• Protected Disclosures Act 1994
• State Records Act 1989

1.3 Commitment to Privacy

Weight Loss Coaching Works (WLCW) are committed to ensuring the protection of the privacy of individuals in regard to the Privacy and Personal Information Protection Act 1998, the Health Records and Information Privacy Act 2002 and the Privacy Amendment (Private Sector) Act 2000 (Commonwealth).

A full explanation of the National Privacy Principles which Weight Loss Coaching Works (WLCW) adhere to can be found at http://www.privacy.gov.au

2. Privacy Principles

2.1 Collection of Personal and Health Information

In connection with the collection of personal and health information Weight Loss Coaching Works (WLCW) will:

• Not collect such information unless the information is necessary for one or more of its functions or activities.
• Collect such information by lawful and fair means
• Not act in an unreasonably intrusive way to collect such information
• Take reasonable steps to ensure the individual is aware of the identity of the organisation collecting the information Weight Loss Coaching Works (WLCW) contact details the purpose for which the information is collected any organisation which Weight Loss Coaching Works (WLCW) may pass the collected information to any law that requires the collection of particular information any consequences (if any) arising from the failure to provide any requested information
• Collect the required information from the actual individual, where it is reasonable and practical to do so.
• Take reasonable steps to inform an individual of the above statements where information has been collected on that individual by someone else.

2.2 Use and Disclosure

In its use and disclosure of personal and health information Weight Loss Coaching Works (WLCW) will:

Not use or disclose such information about an individual for a purpose other than the state primary purpose unless:

• A secondary purpose is related to the primary purpose
• It was reasonable for the individual to expect Weight Loss Coaching Works (WLCW) to use or disclose the information for a second purpose
• Consent form the individual has been granted
• Weight Loss Coaching Works (WLCW) believe that its use or disclosure is necessary to lessen or prevent serious and imminent threat to someone’s life, health or safety or a serious threat to public health or safety
• Suspected unlawful activity, has or is being, or may be engaged in and the use and disclosure is necessary for the investigation of these acts or to the supply of relevant persons or authorities
• Weight Loss Coaching Works (WLCW) believe that the information is necessary for particular law enforcement bodies for their investigation into criminal offences or breaches of law

Please note that Centrelink is, by law, able to demand certain information on clients from time to time. Participants should make enquiries to the CEO or General Manager if they have any questions regarding this.

2.3 Information Quality

Weight Loss Coaching Works (WLCW) take all reasonable steps to make sure that any personal and/or health information it collects, uses or discloses is accurate and up to date.

2.4 Security

Weight Loss Coaching Works (WLCW) will take all reasonable steps to protect the personal and health information it holds from misuse or loss.

Weight Loss Coaching Works (WLCW) will also take adequate precautions to protect such information from any unauthorised access, modification or disclosure.

Weight Loss Coaching Works (WLCW) holds information on a series of databases which are password protected and protected by other established and enforced security measures.

Weight Loss Coaching Works (WLCW) take all reasonable steps to destroy or re-identify any personal information in its possession or control when this information is no longer needed for any purpose for which it was collected.

Weight Loss Coaching Works (WLCW) will ensure that any destruction of information is by a secure means, such as shredding, pulping, or disintegration of paper. For electronically held information, reasonable steps will be taken to remove information dependent on the medium on which it is held and available erasure methods at the time.

In re-identifying information Weight Loss Coaching Works (WLCW) will ensure that all traces of information that may identify an individual are removed. This will be permanent so that no cross referencing from other information can ascertain an individual’s identify by Weight Loss Coaching Works (WLCW) or any other organisation.

2.5 Openness

Weight Loss Coaching Works (WLCW) sets out this document in accordance with National Privacy Principles to provide a clear reference to Weight Loss Coaching Works (WLCW)’s policy on privacy, which is available to any person requesting access.

Weight Loss Coaching Works (WLCW) will, upon request, inform an individual of what sort of information Weight Loss Coaching Works (WLCW) holds, and for what purpose and how it collects, uses and discloses that information.

2.6 Access and Correction

Weight Loss Coaching Works (WLCW) hold personal and health information on some or all participants enrolled in Weight Loss Coaching Works (WLCW) courses. Such information is available for the individual to access on request except to the extent that:

• Providing the information, be it personal or health related information, poses a threat to the life of an individual, or comprises the privacy of other individuals
• The access would be deemed unlawful, may prejudice a current negotiation/investigation or it has been requested by an enforcement body performing a lawful security function to deny access.

Weight Loss Coaching Works (WLCW) require written requests for access to personal information.

Weight Loss Coaching Works (WLCW) will only supply personal information to an individual once Weight Loss Coaching Works (WLCW) are satisfied as to the identity of the individual. The individual requesting the information is required to provide adequate proof of identification.

Weight Loss Coaching Works (WLCW) take reasonable steps to ensure all information is accurate, correct and update to date. If an individual believes that Weight Loss Coaching Works (WLCW) holds out of date, incorrect or inaccurate information Weight Loss Coaching Works (WLCW) will endeavour to change this information unless it deems the changes to be unnecessary or incorrect.

If Weight Loss Coaching Works (WLCW) deny a request for access or change to an individual’s personal or health information, it will provide reasons for this refusal.

If Weight Loss Coaching Works (WLCW) and the individual can not agree on the status of the information held, Weight Loss Coaching Works (WLCW) will, at the request of the individual take reasonable steps to attach a statement of this fact to the individual’s currently held information.

2.7 Identifiers

Weight Loss Coaching Works (WLCW) will not adopt identifiers for individuals that have previously been assigned by:

• An agency
• An agent of an agency acting in its capacity as agent
• A contracted service provider for that contract

Weight Loss Coaching Works (WLCW) provide and allocate their own participant identifier in the form of a participant identification number.

3. Complaints and further information

If an individual believes that Weight Loss Coaching Works (WLCW) has breached their privacy that person should make a complaint, in writing, to the CEO or General Manager of Weight Loss Coaching Works (WLCW).

The individual should notify Weight Loss Coaching Works (WLCW) in writing of any suspected breach within six (6) months of them discovering that breach.

Weight Loss Coaching Works (WLCW) will then conduct an internal investigation on receiving that written complaint.

Weight Loss Coaching Works (WLCW) will endeavour to complete the internal investigation within 60 days.

On completion of the internal investigation Weight Loss Coaching Works (WLCW) will inform the individual in writing of the outcome of the review. Weight Loss Coaching Works (WLCW) will then choose to do one or more of the following:

• Take no further action
• Make a formal apology to the individual who made the complaint
• Take any remedial action deemed necessary or appropriate
• Put in place practices and/or policies to ensure that this type of breach does not occur again
• The individual will be informed of the reasons for the decision.

4. Related Forms

Access to Participant File Request Form

5. Further Information

For further information regarding privacy contact:

The Federal Privacy Commissioner on 1300 363 992 or www.privacy.gov.au