Privacy Policy

Collecting & storing your personal information.

Neuplan may collect and store your personal information electronically or in hard copy (“your personal information”). We will only release your personal information to others:

• where necessary and appropriate;
• where it is in your legal interests;
• if required by law; or
• to the extent necessary for our agents/contractors to carry out work on our or your behalf.

We will only disclose your personal information to recipients located overseas where it is necessary for us to provide you with our professional services.

We will request your consent to use or disclose your personal information for a purpose other than the purpose for which it was collected.

We will request your consent before collecting any sensitive information from you, such as personal information that includes information or an opinion about your:

• racial or ethnic origin;
• religious or philosophical beliefs;
• trade union membership or associations;
• sexual orientation or practices;
• criminal record; and/or
• health or genetic information.

Please email our Privacy Officer at: info@neuplan.com.au for any further information regarding our use and management of your personal information. You may apply in writing to access your personal information.

If you consider your privacy has been breached by Neuplan, you may lodge a complaint in writing by emailing our Privacy Officer, who will then contact you with a view to resolving the complaint.

Using & managing your personal information.

We collect information from our clients, third parties, public records and other sources to enable us to provide professional commercial and legal services in the construction industry, and to provide our clients with information about those services.

We manage the personal information we collect by:

• providing our staff with training regarding privacy issues;
• maintaining procedures regarding the collection and handling of private information;
• reviewing our compliance with our legal obligations regarding privacy;
• implementing measures to keep the personal information we collect safe and secure, including: using unique usernames and passwords and restricting staff access to systems on which personal information is stored electronically, and using key only access to our office at which personal information is stored in hardcopy; and
• appointing a Privacy Officer to administer and monitor our obligations and any complaints or applications regarding privacy matters.

Our professional obligations will mostly require us to deal with you using your real name.

At all times, we will comply with our professional and legal obligations (including as to confidentiality) when dealing with your personal information.

Recruitment & employment.

If you apply for employment with Neuplan, you may need to provide us with personal information, including information regarding your:

• education,
• current and former employment,
• working status, and
• state of health.

In submitting an application via an email, our website at www.neuplan.com.au, an external recruitment marketplace services provider (such as Seek), a social media platform (such as LinkedIn) or otherwise, you consent to Neuplan using the information to assess your application and to allow us to carry out any monitoring activities which may be required under applicable law as an employer. Neuplan expects any third parties through which we have procured your personal information (in order to consider whether to employ you) to maintain confidentiality regarding your personal information and act in accordance with their own legal obligations.

Seek’s privacy policy is located at: https://www.seek.com.au/privacy/?cid=my-privacy:privacy-policy-link and further information about LinkedIn’s privacy policy may be located at: https://www.linkedin.com/legal/privacy-policy.

We may also carry out screening checks (including verification of identity, reference, background, directorship, financial probity, eligibility to work, vocational suitability and criminal record checks) and consider you for other positions. We may provide your personal information to academic institutions, recruiters, screening check providers, health service providers, professional and trade associations, law enforcement agencies, referees and your current and previous employers. Once you submit an employment application to be considered by Neuplan, we will deem that you have provided your consent to use your personal information in this way unless you provide us with a written withdrawal.

Without your personal information, we will not be able to progress your application. Please advise us in writing if you do not wish us to retain your personal information for future reference once the application process has been completed.

Our website, IP addresses and “cookies”.

On visiting Neuplan’s website, our web server records information about the time and date you accessed our site, the Internet Protocol (IP) address or other identifier of your device. We may also use third parties to analyse the website’s usage statistics. We may disclose any of this (anonymous) information to third parties to assist us to monitor our website’s performance, address any prospective data breaches or to detect any misuse.

We may also use Cookies to improve the function of our website. “Cookies” are small text files used to store information on a browser or device, aiming to improve a user’s website experience and which may be used for profiling purposes. Any personal information which we incidentally collect from you as a result of using Cookies will be managed in accordance with this Policy.

Your internet browser settings may of course be adjusted to disable Cookies or to warn you if they are in use.

Objections to providing personal information.

In providing our professional services to you, we may require your personal information. Depending on the circumstances, if you object to and choose not to provide us with that information, we may be unable to deliver our services to you.

Data not collected.

Unless required by law, we do not collect data relating to:

• race or ethnic origin;
• political opinion;
• religious or philosophical beliefs;
• trade union membership;
• genetic or biometric data;
• mortality; or
• sexual orientation.

Disclosing your personal information.

To deliver our professional services to you, Neuplan may need to release your personal information to organisations or individuals with whom we conduct business and, where necessary, overseas recipients. Such organisations and individuals include related entities, accountants, auditors, third party information technology providers, printers, insurers, Law Mutual, the Legal Practice Board and agencies which regulate the provision of legal services.

The personal information we collect may be subject to review by a Director, supervising professional personnel.

Your personal information is only provided to others to the degree necessary to enable us to provide services to you and to the extent required by our professional obligations or by law. Neuplan equally requires any third party service provider to which we may provide your personal information (in order to deliver our professional services to you) to act in accordance with its own legal obligations regarding your personal information.

Before providing your personal information to an overseas recipient we will endeavour to take reasonable steps to ensure that the overseas recipient does not breach relevant Australian Privacy Principles or the Privacy Act in relation to the information, or otherwise:

• be reasonably satisfied that they are subject to a law or binding scheme that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the APPs protect the information and there are mechanisms you can access to take action to enforce that protection of the law or binding scheme;
• obtain your consent to the disclosure (after informing you that the overseas recipient will or may not be required to comply with the APPs); or
• be satisfied that the disclosure would not otherwise breach the APPs.

Marketing information.

Unless you advise us in writing that you do not wish for us to do so, we may provide you with information from time to time about new services available from Neuplan and we may also send you commercial and legal information which we consider may be of interest to you.

Your rights.

Under the Privacy Act you have the right to access your personal information. If the information is incorrect (or requires updating), you have the right to require us to amend or update the information.

General data protection regulation 2016/679 (GDPR).

If you are a resident of the European Union for the purposes of the GDPR, then the following also applies to you.

If you so request, we will provide you the following information free of charge and within 30 days of your request:

• your personal information being processed;
• the reason(s) why the personal information is being processed;
• who has access to your personal information;
• how the personal information is being used in automated decisions (if relevant); and
• what processes apply to the use of your personal information.

You may request that we update, correct, delete or remove any obsolete data that we hold. If you make such a request we will, to the extent required by law, comply with your request within 30 days of the request being made.

You may also withdraw your consent to Neuplan using your personal information.

Require further information.

If you require further information about this Policy, access to your personal information, or wish to correct or update your personal information held by Neuplan, please contact our Privacy Officer:

• by telephone on (08) 6146 5395;
• by email at info@neuplan.com.au;
• by post addressed to ‘The Privacy Officer’, Neuplan Pty Ltd, PO Box 168, Applecross WA 6953.

We will give you access to your personal information as soon as reasonably practicable, subject to the circumstances of your request. We will require your proof of identity to discuss your personal information with you.

We may deny you access to your personal information if:

• the request is impractical or unreasonable;
• providing access would have an unreasonable impact on the privacy of another person;
• providing access would pose a serious and imminent threat to the life or health of any person;
• providing access would contravene our professional obligations; or
• there are other legal grounds to deny the request.

We may charge a fee for the reasonable costs we incur in responding to a request for access to personal information. The fee (if applicable) will be disclosed prior to it being claimed.

Complaints process.

If you consider there has been a breach of your privacy and you wish to make a complaint:

• any complaint must first be made in writing (by email) to our Privacy Officer. We will acknowledge receipt of your complaint within 7 days and will then respond to you within a reasonable timeframe;
• if we fail to respond to your complaint within a reasonable timeframe or the complaint cannot be resolved, you may refer your complaint to the Office of the Australian Information Commissioner.