Clough values individual privacy and the security of personal information in accordance with the Privacy Act 1988 (Cth) and the Privacy Amendment (Private Sector) Act 2000 (Cth).  Collectively, we are guided by the National Privacy Principles (NPP), which set our standards for the use, collection, disclosure and access of personal information.

The Chief Executive Officer of Clough Limited is accountable to the Board of Directors for ensuring that this Policy is implemented throughout Clough's operations.

  1. What is personal information?

    Personal information is any information that identifies an individual or information by which an individual's identity can be reasonably determined.

  2. Collection of information

    We only collect personal information that is necessary for our business functions and activities.  All personal information we collect is done in accordance with the law and in a fair manner.  Where possible we collect personal information directly during the course of our relationship with individuals.  In most cases an individual's consent will be required.  The purpose of the collection will be made clear to an individual before or at the time of collecting the individual's personal information.

    If you do not want us to use, collect, disclose or access your personal information, please notify us at the time we request your personal information.

  3. Use and disclosure of information

    4. We only use and disclose personal information for a purpose, other than its primary purpose, when disclosure is necessary and directly related to the primary purpose of collection.  Primarily, we will use personal information to supply our products, services or information, to the extent permitted by law.  We may be required to share personal information with:

    • service providers that assist us in our business, such as technology and security services;
    • professional advisors including lawyers, auditors and accountants; and
    • other contractors that assist us to provide our business.

    We ensure that any disclosure is limited to what is necessary and allowed by law.

    1. Related body corporate

      We may disclose personal information to a related body corporate.  In this event, the related body corporate must use the information for the original primary purpose for which we collected the information or a related purpose to the extent permitted by law.

    2. Investor information

      We may collect and use the personal information of our investors for the purposes of:

      • accurately identifying the investor and their security interest;
      • fulfilling our legal obligations under the Corporations Act 2001 (Cth) and other relevant legislation; or
      • providing information regarding our business activities, progress and development.

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  4. Sensitive information

    5. If personal information concerns particular matters it is regarded as sensitive, such as information about: racial or ethnic origin; political opinions; membership of a political association; religious beliefs or affiliations; philosophical beliefs; membership of a professional or trade association; membership of a trade union; sexual preferences or practices; criminal record; or health.

    We do not collect sensitive information without an individual's consent, other than information which is required by law or other specified circumstances.

  5. Anonymity

    6. Wherever lawful and practicable, we respect the right of an individual to remain anonymous when dealing with Clough.

  6. Website privacy
    1. Access to website

      When accessing our website, we may record and log information for statistical and security purposes.  This information does not include any personally identifying information but may include a user's server address and domain name, the operating system used, the date, time and duration of the visit, the pages accessed and the type of web browser used.  We use this information to analyse our site's usage and performance and to refine and develop our site.

    2. Cookies

      Cookies are small data files that are written to a computer's hard drive when accessing a website.  Our web server may send cookies to a user's web browser in order to improve the functionality of our site.  Our site uses cookies to support current activity on our website by providing a unique identifier in order to allow our web server to distinguish the web browsers accessing our site.

      We only use cookies to track the use of our website so that we can understand how users access the website.  Our site does not store any personally identifying information in cookies.  The cookies sent by our site expire when a session ends, and are not stored permanently on computer hard drives.  Any information we collect regarding user traffic patterns on our website is used on an anonymous basis.

      It is possible for a user to adjust their browser settings to allow the user a choice whether to accept or refuse cookies.  However, if the user chooses to disable the receipt of cookies from our website, some aspects of the website may not be accessible.

    3. Hyperlinks

      We do not warrant or make any representations with respect to the privacy policies or practices of operators of other websites where we provide a hyperlink to that website on our website.

  7. Security

    8. The security of personal information is important to Clough.  We take all appropriate action and reasonable precautions to safeguard and protect personal information that we collect from loss, misuse, unauthorised access, modification or disclosure.  We utilise a number of means to protect personal information including:

    • external and internal premises security;
    • maintaining and reviewing technology; and
    • internal policies with respect to computer usage.

     

  8. Transborder Data flows

    9. We do not transfer or send personal information outside of Australia unless we are authorised to do so under the Privacy Amendment Act (Private Sector) Act 2000 (Cth) or other law.

  9. Identifiers

    10. We do not adopt, use or disclose any Commonwealth identifier as a means of identifying the personal information that we may have collected about an individual.

    A Commonwealth identifier is a Commonwealth Government or Commonwealth Government agency designated identification number such as Tax File Numbers (TFN) or Medicare numbers.

  10. Access and correction to personal information

    11. Generally, we endeavour to comply with any reasonable request to detail our information handling practices.  Sufficient steps are taken, in a general way, to outline the type of personal information we hold, for what purposes and how such information is collected, used and disclosed.

    An individual may request access to any of the personal information that we hold about them.  We will provide an individual with access to information pertaining to them following a reasonable request.  We will endeavour to handle all requests for access to personal information as quickly as possible.

    In some circumstances, we may refuse access to personal information.  We may refuse access to personal information where we are required or authorised to do so by law, or where the request for access is regarded as frivolous or vexatious.  If a request for information is denied, we will explain the reason for the denial.

    We also take appropriate action to correct any information which is deemed to be in accurate, incomplete or not up to date.

  11. Variations to this Policy

    12. This Policy will be reviewed at least every three years and in accordance with any amendments to the privacy laws.

  12. Complaints about breach of privacy

    13. Complaints regarding our privacy management can be directed to the Human Resources Manager - Corporate.

    If you are not satisfied with the result of your complaint to the Human Resources Manager - Corporate you can refer your compliant to the Federal Privacy Commissioner.

    The Federal Privacy Commissioner can be contacted:

    By telephone: 1300 363 992; or

    By writing to: Director of Complaints, Office of the Federal Privacy Commissioner, GPO Box 5218, Sydney, NSW 1042.