Privacy policy

October 2021

1. Our commitment to Privacy

Tract is committed to managing personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and other applicable privacy laws (such as state privacy laws).

2. What information does Tract collect about you?

As a national planning and design practice, Tract collects and administers a range of personal information.

We collect personal information about our clients, job applicants, employees, our business and professional contacts, and other individuals we may deal with in the course of operating our business and providing our services. We will collect personal information when you:

enquire about our services or when you become a client of Tract;
visit our website or make an enquiry with us;
apply or accept a role with us, or we are otherwise engaging in recruitment activities;
apply or undertake work experience or an internship with us;
deal with us in a business or professional capacity, for example you are a consultant, sub-consultant, service provider or supplier we work with or are looking to work with; or
you are a member of the public and we interact with you in some way, for example you participate in a community consultation we are conducting or other event, promotion or activity we are involved in.

The types of personal information that we collect and hold about you will depend on the circumstances in which it is being collected but may include:

your name, title and personal and/or professional contact details such as email, phone number and address;
details of the organisation that you work for or represent, including your position;
bank or payment details;
information about your interactions, dealings, and communications with us or relating to our services we may provide, including any contact by telephone, email or online and activity at our websites or offices;
information about your use of our services;
your feedback and opinions (including where we conduct community consultations);
for staff and job applicants, for example if you apply for a job with us online or via one of our social media channels, as well as sub-consultants such as allied professionals we may engage or seek to engage on our projects, resumes and references, your skills, qualifications, professional memberships or accreditations, employment history, personal references and past responsibilities;
employment-related information including information after you have accepted a role with us such as your superannuation details, your tax file number, emergency contacts, relevant health and medical information, in some circumstances, your vaccination status information and your use of our IT and communications resources; and
in rare and specific circumstances, what is classified as “sensitive information” under applicable privacy laws, this includes health information. We generally only collect this information from employees or sub-consultants and only ever do this to the extent such sensitive information is relevant to our functions and activities and in accordance with applicable privacy laws.

3. How and why does Tract collect and use your personal information?

Tract collects personal information that is reasonably necessary to carry out our business, to assess and manage our clients’ needs, and provide our services. We may also collect information to fulfil administrative functions associated with these services, for example billing, entering contracts with you and/or third parties and managing client and other business relationships.

We may also collect personal information to administer and manage our relationships with other individuals we do business with. We may allow visitors to our websites to sign up for alerts and otherwise communicate with us.

The purposes for which Tract usually collects and uses personal information depends on the nature of your interaction with us, but may include:

responding to requests for information and other general inquiries about our services;
managing our relationship with you if you are a client, supplier, business partner, consultant or sub-consultant;
conducting community consultation;
researching, developing and expanding our services;
informing you of our services;
assessing visitor’s needs related to our website design;
direct marketing, development of events, programs and promotions and managing subscriptions;
recruitment processes (including contractors); and
responding to enquires and complaints.

Tract generally collects personal information directly from you. We may collect and update your personal information over the phone, by email, over the internet or social media, or in person. We may also collect personal information about you from other sources, for example:

our affiliated and related companies;
third party suppliers and contractors who assist us to operate our business;
our employees, agents, contractors and suppliers;
third parties such as credit reporting bodies and credit providers;
your authorised representatives; and
other publicly available sources of information, including social media and public websites.

Tract also collects and uses personal information for market research purposes and to innovate our delivery of products and services.

4. How does Tract interact with you via the internet?

Generally, you control the amount and type of information you provide to us when using our websites. You may visit our websites without identifying yourself. If you identify yourself (for example, by providing your contact details in an enquiry), any personal information you provide to Tract will be managed in accordance with this Privacy Policy.

When you use our websites, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our website. Such information is generally not personal information.

Cookies

Our websites use “cookies” to collect information about how you use our site, which allows us to better improve the user experience. A “cookie” is a small piece of data stored on your computer or mobile device by your web browser, which assists in managing customised settings of the website and delivering content to personalise your browsing experience. You are not identifiable from the information that is collected by cookies. You can use the settings in your browser to disable the use of cookies. However, if you disable cookies, you may not be able to access certain pages or content on our websites.

Third Party tracking tools

We use Google Analytics to improve the performance and features of our websites. Google Analytics is a third-party tracking tool designed to collect information about your use of the website, but you are not identifiable from the information.

However, Google Analytics is created and managed by parties outside our control, and we are not responsible for what information is actually captured by such third parties or how those third parties use and protect that information.

Automatic information

We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our website, if any, as well as the name of the website to which you’re headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the internet, your internet website provider name, web browser type, type of mobile device and computer operating system. We use all of this information to analyse trends among our visitors to our websites to help improve our websites.

Third Party links

Tract’s websites may contain links to third-party websites. Tract is not responsible for the content or privacy practices of websites that are linked to our website.

5. Can you deal with Tract anonymously?

Tract will provide individuals with the opportunity of remaining anonymous or using a pseudonym in their dealings with us where it is lawful and practicable (for example, when making a general enquiry). Generally, it is not practicable for Tract to deal with individuals anonymously or pseudonymously on an ongoing basis. If we do not collect personal information about you, we may not be able to provide you with our services.

6. How does Tract hold information?

Tract takes reasonable steps to protect your personal information from misuse, interference, and loss and from unauthorised access, modification, or disclosure. We store information in paper-based files or other electronic record keeping methods in secure databases (including trusted third-party storage providers based in Australia and overseas). We also use third-party archive storage providers based in Australia for physical storage of paper files. We maintain physical security over paper and electronic data stores, such as through locks and security systems at our premises. We also maintain computer and network security; for example, we use firewalls (security measures for the Internet) and other security systems such as user identifiers and passwords to control access to our computer systems.

We generally hold personal information electronically in our CRM and other secure databases. We have security measures in place that ensure only authorised users can access this information.

Our websites and all online contact forms use encryption to ensure the secure transmission of information via the internet. Users of our websites are encouraged to exercise care in sending personal information via the internet.

We take steps to destroy or de-identify information that we no longer require or as required by applicable law.

7. How does Tract use and disclose personal information?

The purposes for which we may use and disclose your personal information will depend on our relationship with you. For example, we may use and disclose your personal information to:

provide our professional services;
manage the projects we work on;
manage our relationship with you and/or the organisation you represent; and
assess your application to work with us and manage your working relationship with us (whether as an employee, contractors, sub-consultant, intern, or work-experience applicant).

8. Use and disclosure for administration and management

Tract will also use and disclose personal information for a range of administrative, management and operational purposes. This includes:

administering billing and payments and debt recovery;
planning, managing, monitoring, and evaluating our services;
quality improvement activities;
statistical analysis and reporting;
training staff, contractors and other workers;
risk management and management of legal liabilities and claims (for example, liaising with insurers and legal representatives);
responding to enquiries and complaints regarding our services;
obtaining advice from consultants and other professional advisers; and
responding to subpoenas and other legal orders and obligations.

9. Who do we share your personal information with?

We may need to share your personal information with other entities including for the purposes listed in this section ‘How does Tract use and disclose your personal information’. This includes sharing your personal information with:

our clients, for example, if you are a sub-consultant or consultant engaged by us or you have provided information as part of a community consultation process, we may need to share your personal information to our clients;
other entities in our corporate group, where this is necessary (for example, that entity provides back-end or administrative services to us);
third parties we engage in order to provide our services and operate our business, including contractors and service providers used for data processing, data analysis, client satisfaction surveys, information technology services and support, website maintenance/development, printing, archiving, mail-outs, delivery, payroll, and market research;
our professional and other advisors such as our recruiters, lawyers, accountants, auditors, and insurance professionals;
when you are employed with us, referees, academic institutions, health service providers and professional and trade associations;
regulators and authorities in connection with their duties;
any person authorised by you; and
any person or organisation (including an entity which is part of our corporate group) for the purpose of facilitating or implementing a transfer or sale of all or part of our assets or business or if we undergo any other kind of corporate restructure, acquisition or sale. In this context, your personal information may be transferred to another entity (or if such a sale, transfer, acquisition or corporate restructure is being contemplated by us).

Other uses and disclosures

We may use and disclose your personal information for other purposes explained at the time of collection (such as in a specific privacy collection statement or notice) or otherwise as set out in this Privacy Policy.

10. Does Tract use or disclose your personal information for direct marketing?

Tract may use or disclose your personal information for the purpose of informing you about our services, development of events, programs, promotions or other opportunities that may interest you or as otherwise permitted under applicable privacy laws. If you do not want to receive direct marketing communications, you can opt-out at any time by contacting us using the contact details below or using the opt-out functionality contained in the electronic message (such as the unsubscribe function in the relevant marketing email).

If you opt-out of receiving marketing material from us, Tract may still contact you in relation to its ongoing relationship with you.

11. Does Tract disclose your personal information overseas?

It is likely that your personal information will be disclosed to overseas recipients, including to service providers who may handle, process or store your personal information on our behalf. This is because personal information collected in connection with usage of Micrsoft Teams – Office 365 is stored offshore. We do not otherwise disclose personal information outside of Australia.
Unless we have your consent, or an exception under the Australian Privacy Principles applies, we will only disclose your personal information to overseas recipients where we have taken reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to your personal information.
In circumstances where your information is disclosed to overseas recipients (including data storage providers), those recipients are likely to be located in countries in the Asia Pacific such as Hong Kong, Japan, Malaysia, Singaporre, South Korea which are the locations where personal information is likely to be stored in relation to Microsoft Teams – Office 365.

12. How can you access or seek correction of your personal information?

You are entitled to access your personal information held by Tract on request. To request access to your personal information please contact Tract using the contact details set out below.

We will take reasonable steps to ensure that the personal information we collect, use, or disclose is accurate, complete and up-to-date. You can help us to do this by letting us know if you notice errors or discrepancies in information, we hold about you and letting us know if your personal details change.

However, if you consider any personal information, we hold about you is inaccurate, out-of-date, incomplete, irrelevant, or misleading you are entitled to request correction of the information. After receiving a request from you, we will take reasonable steps to correct your information.

We may decline your request to access or correct your personal information in certain circumstances in accordance with the Australian Privacy Principles. If we do refuse your request, we will provide you with a reason for our decision and, in the case of a request for correction, we will include a statement with your personal information about the requested correction.

13. What should you do if you have a complaint about the handling of your personal information?

You may contact Tract at any time if you have any questions or concerns about this Privacy Policy or about the way in which your personal information has been handled.

You may make a privacy complaint about the way Tract handles your personal information at the contact details set out below.

Tract will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint. We will generally acknowledge the receipt of your complaint within a reasonable time period.

If your complaint requires more detailed consideration or investigation, we will acknowledge receipt of your complaint within a week and endeavour to complete our investigation into your complaint promptly. We may ask you to provide further information about your complaint and the outcome you are seeking. We will then typically gather relevant facts, locate, and review relevant documents and speak with individuals involved.

In most cases, we will investigate and respond to a complaint within 30 days of receipt of the complaint. If the matter is more complex or our investigation may take longer, we will let you know.

If you are not satisfied with our response to your complaint, or you consider that Tract may have breached the Australian Privacy Principles or the Privacy Act, a complaint may be made to the Office of the Australian Information Commissioner. The Office of the Australian Information Commissioner can be contacted by telephone on 1300 363 992 or by using the contact details on the website www.oaic.gov.au

14. How changes are made to this Privacy Policy?

Tract may amend this Privacy Policy from time to time, with or without notice to you. We recommend that you visit our website regularly to keep up to date with any changes. We will also try to let you know about major changes to our Privacy Policy (for example by putting up a notice on our websites).

15. When does this Privacy Policy apply?

This Privacy Policy applies to all personal information collected by us, or submitted to us, whether offline or online, including personal information collected or submitted through our websites (including www.tract.com.au and www.tractmedia.com.au), through our social media channel pages which we control (such the Tract Consultants’ LinkedIn, Twitter, Facebook, and Instagram), and through email messages that we may send to or receive from you.

Other terms may also apply to you and the personal information we hold about you. For example, if you are employed with us you may have specific privacy terms in your employment contract with us.

We are generally exempt from the Privacy Act 1988 (Cth) when we handle employee records (after this information has been collected) and this Privacy Policy does not apply in circumstances where this exemption may apply to that information.

Sometimes we may also provide a privacy collection statement at the time we collect personal information from you. This privacy collection statement may include additional terms.

16. How can you contact Tract?

The contact details for Tract are:

Tract Privacy Officer
Level 6, 6 Riverside Quay, Southbank VIC 3006

Email
privacy@tract.net.au

Phone
(03) 9429 6133

This Privacy Policy was last updated in October 2021.

17. Definitions

In this Privacy Policy the following abbreviations, words and phrases have the following meanings, unless the context requires otherwise:

Tract, us or we means Tract Consultants Unit Trust and Tract Consultants Pty Ltd (ACN 055 213 842), being the trustee for Tract Consultants Unit Trust.

Personal information has the same meaning given to it in the Privacy Act 1988 (Cth) which is: ‘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.’

Privacy Policy means this document which explains how we generally handle your personal information, and which has been drafted to comply with Australian Privacy Principle 1.

Sensitive Information has the same meaning given to it in the Privacy Act 1988 (Cth) and includes information or opinion about an individual’s racial or ethnic origin, political opinion, membership of professional bodies, religious beliefs, sexual orientation, or criminal record. Health information is also a form of sensitive information.

You refers to any individual about whom we collect personal information.