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1. Introduction

Asciano Limited is committed to protecting your privacy. Asciano is bound to comply with the Australian Privacy Principles (APPs) as set out in the Privacy Act 1988 (Cth) and New Zealand's Privacy Act 1993. This Privacy Policy covers and applies to all of the entities within the Asciano Group (Asciano, we/us) (including C3 entities in New Zealand).

This Privacy Policy sets out Asciano’s policies on the management of personal information. Employees and individuals dealing with Asciano have the right to know what sort of personal information the Company holds, for what purposes, and how it is collected, held, used and disclosed. Individuals are also entitled to access to their own information and to correct that information if necessary.

2. Policy

2.1 What is personal information?

Personal information is information that identifies you as an individual or from which your identity can be reasonably ascertained. Generally the types of personal information Asciano collects include your name, contact details, identification information, organisation, title, information in forms you submit, payment details and enquiry/complaint details. The other types of personal information that Asciano collects depend on what dealings you have with Asciano. For example, Asciano may also collect and hold information about:

  • Job applicants – information about your qualifications, experience, character and screening checks (including health, reference, background, directorship, financial probity, identity, eligibility to work, vocational suitability and criminal record checks);
  • Employees/personnel – in addition to the job applicant information, your records of phone, internet and email usage by employees and where undertaken, records of optical surveillance and closed circuit television monitoring for security purposes, information relating to your current or former employment or engagement including information about your training, disciplining, resignation, termination, terms and conditions, emergency contact details, performance, conduct, payroll matters, union or professional/trade association membership, recreation, drug/alcohol tests, leave and taxation,bankingor superannuation affairs.
  • Customers/prospective customers – information about your organization, including your representatives and their details.

2.2 How is information collected?

Asciano only collects personal information if it is necessary for business purposes or to communicate with you. Personal information may be collected verbally, in writing, by telephone, by email and through Asciano’s website, including by monitoring and recording these communications and interactions. For purposes including security, dispute resolution and training we may operate video and audio surveillance devices in our premises. Asciano endeavours to collect personal information directly from the individual except where it is not reasonably practical to do so. In some cases Asciano collects personal information from third parties including public sources, other Asciano companies, information service providers and the parties described in section 2.5 below.

Where you provide us with personal information about someone else you must have their consent to provide their personal information to us based on this Privacy Policy.

In general, you can visit Asciano’s website without revealing any personal information about yourself. The server address, domain name, date and time of your visit and the pages visited may be recorded.

2.3 How is information used?

Your personal information will be stored in Asciano’s systems (and those of Asciano’s service providers). Asciano may use your information:

  • to provide, administer and improve our products and services;
  • verify your details;
  • to maintain and update our records;
  • to manage our relationship with you;
  • to protect our lawful interests;
  • in connection with suspected fraud, misconduct and unlawful activity under specific Australian legislation (including the Crimes Act (Cth) 1914, Customs Act (Cth) 1901, the Rail Safety National Law) and relevant specific New Zealand legislation;
  • in connection with acquisitions or potential acquisitions of our business;
  • if you apply for a position, to assess your application and consider you for and contact you about other positions;
  • if you work for us, for purposes relating to your employment or engagement with us including engagement, training, disciplining, payroll, superannuation, health and safety, administration, insurance (including WorkCover) and staff management;
  • in the event that you send an email message, to respond to your email; and
  • to gather demographic information about Asciano’s website visitor trends.

We may not be able to do these things without your personal information. For example, we may not be able to provide our services.

2.4 How do we protect personal information?

Asciano is committed to safeguarding personal information that you provide. A range of measures are undertaken to protect the security of data supplied from misuse, unauthorised access, modification or disclosure. Internally, strict controls and procedures are in place to ensure that the privacy and security of personal information provided to Asciano is protected.

2.5 Sharing information with other organisations

Asciano may exchange personal information with:

  • Other Asciano companies;
  • Your representatives;
  • Contractors and service providers which assist Asciano with share registry, archival, auditing, accounting, customer contact, legal, business consulting, banking, payment, delivery, data processing, data analysis, information broking, recruitment providers, external communications, research, investigation, website and technology services;
  • If you work for us, additional service providers including providers of payroll, superannuation, banking, staff benefits, surveillance and training services;
  • Joint venture partners for the purposes of seeking any relevant regulatory approvals;
  • Third party lenders and Asciano’s insurers;
  • The Australian Stock Exchange, the Australian Securities and Investments Commission and other government agencies as required by law;
  • Anyone authorised by an individual to whom personal information relates;
  • Solicitors and other parties where Asciano is subpoenaed to provide the information.

Asciano may disclose your personal information in the following countries: Australia, New Zealand (where it has a wholly owned subsidiary), Singapore, the USA and Philippines (where the IT service providers host their servers).

2.6 Is the information we hold accurate?

Reasonable steps are taken to ensure that your personal information is accurate, complete and up-to-date whenever Asciano receives or uses it.

You should notify Asciano of a change to your personal information or if you believe that the information held about you is incorrect or incomplete.

2.7 How can you access and correct personal information?

Asciano will provide access to and correction of personal information upon request by an individual, subject to certain legal exceptions. Asciano may ask you to verify your identity and to specify what information you require.

If you wish to obtain access to your personal information held by us, please write to:

The Privacy Officer
Asciano Limited
Level 4, 476 St Kilda Road
Melbourne Victoria 3004

Attention: Company Secretary

Asciano reserves the right to charge a fee for searching for and providing access to your information.

2.8 What are ‘cookies’ and how are they used?

Some of Asciano’s web pages use ‘cookies’. A cookie is a small file that is transferred to your computer’s hard drive when you visit a website for record keeping purposes. You can set your browser to notify you when you receive a cookie, so you can decide whether to accept it.

Cookies are used to track usage patterns on Asciano’s website to improve its functionality. The website will not store personal information such as email addresses or other details in a cookie.

3. Complaint handling process

If a person believes that Asciano has breached the APPs, they should be directed to lodge a complaint in writing to the Privacy Officer. Asciano takes complaints seriously and will investigate all complaints and will respond in writing within a reasonable time.

4. Effect of Policy

This Privacy Policy may be reviewed and revised from time to time to take account of new laws and changes to our operations and practices. Asciano reserves the right to modify or amend this Policy at any time. Despite this Policy, Asciano may rely on certain exemptions under privacy laws including in relation to employee records.