Privacy Policy

This policy sets out how Qwrk Outsourcing (We, Us) collects, uses, discloses, retains, and manages your personal information and how we comply with our obligations under the Australian Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles. Unless you advise us otherwise, you acknowledge and consent to us using your personal information as set out in this Privacy Policy or as otherwise permitted under the Privacy Act 1988 (Cth) or other law.

Qwrk Outsourcing does not provide financial services in its own right but instead provides back office administration services on behalf of Australian financial services businesses. Therefore, the information we collect is done on behalf of each respective Australian financial services business that is a client of Qwrk Outsourcing. Qwrk Outsourcing is an Australian company registered in the state of Queensland and therefore, although the services are provided by offshore team members, all these services are undertaken with respect to the Australian Privacy Principles in the Privacy Act 1988.

1. Why do we need your personal information?

1. When we are contacted or we provide services, we require personal information on our practice’s clients. The documents we produce are produced individually for our clients and tailored to each unique position. Therefore, we require this information in order to complete our work.

2. What personal information do we collect?

1. When we are contacted or we provide our services, the personal information we collect may include (however is not limited to) a person’s name, contact numbers, email address, residential or business address, financial details, insurance details, credit card details and other personal data. This may include sensitive information (as defined in the Privacy Act).
2. When our server/cloud storage is accessed, it automatically records information the browser sends when it connects to our website. This information may include:
   • The accessing party’s Internet Protocol (IP) address, domain name, browser type and language
   • Information about usage and online activities (for example, by way of cookies) including when our website is accessed, other sites accessed from our website, content upload and download and usage of the services available on our website
   • Information provided through use of any downloading facilities on our website.
3. Our website uses cookies. Cookies do not identify you personally, but they may link back to a database record about you. With most Internet browsers you can erase or block cookies or receive a warning before a cookie is stored. Refer to your Internet browser instructions for guidance on this.

3. How do we collect the personal information?

1. We collect personal information:
   • From the individual;
   • From our clients when we provide services to them. This includes personal information about their customers (your clients)
   • Via a file-sharing arrangement with a client and when a client provides access to their customer relationship management (CRM) and software systems and third party websites to enable us to provide the services;
   • When sent to us by email or other communication from third parties
   • From publicly available sources of information
   • When we are required to do so by law
   • From our own records
2. We are committed to ensuring the information we have is accurate and up to date. We update personal information when we are advised there has been a change and at other times as necessary.

4. Provision of personal information to us by our Clients

If you provide us with the personal information of another person (including your clients):

1. you must disclose to that person that you are providing personal information (including sensitive information) to us and that the information may be disclosed offshore in accordance with clause 6; and
2. you represent and we accept it on the basis that you represent that Client and authorised to do so and that the relevant person has consented to the disclosure to us.

5. How we use your personal information?

1. Generally, we will collect, use, and hold personal information to:
   • provide our services, including services involving your customers;
   • facilitate our internal business operations, including the fulfilment of any legal requirements;
   • advise you of additional services or information which may be of interest;
   • provide your contact details to our partners who have agreed to provide you with any services;
   • analyze our services and customer needs with a view to developing existing and new products and services;
2. If we do not collect the personal information we will not be able to provide the services or provide any assistance requested.
3. If the personal information provided to us is incomplete or inaccurate, we may be unable to provide our services or our services may be adversely affected.

6. Disclosing your information

We can disclose personal information we have about you to third parties in certain circumstances including:

1. if you or your client agree to the disclosure;
2. to employees, contractors, and service providers who assist us in operating our business and providing our services and those service providers of yours that you require us to work with;
3. if you or Your Client would reasonably be expected to consent to information of that kind being passed to a third party
4. using it for the purposes for which it was collected (e.g. to provide our services or respond to a query);
5. where disclosure is required or permitted by law;
6. to our related entities;
7. if disclosure will prevent or lessen a serious and imminent threat to someone’s life or health; or
8. where it is reasonably necessary for the enforcement of the criminal law, a law imposing a pecuniary penalty or for the protection of public revenue.

7. Disclosure of personal information off-shore

1. We provide services to you and your customers under our Client Services Agreement. Some of these services may be performed by our related party company incorporated in the Philippines.
2. The services include (but is not limited to):
   • general administration support
   • Updating client databases and client records
   • Researching clients existing financial and insurance products
   • preparation of Statement of Advice, Record of advice and other documents;
   • Preparation application and lodgment of insurance, superannuation, investment and other product applications
   • Following up and organizing where applicable medical reports, medical tests and financial reports to provide to underwriters for new insurance applications;
   • Preparation of client review documents, fee disclosure statement disclosure documents
3. To provide our services we receive personal information from you about your customers. This may include sensitive information.
4. We have security processes in place for the protection of that personal information, including supervising staff, specialist security software, disabling USBs, staff training, use of password protection, employee investigation software.
5. Qwrk Outsourcing will do all things necessary to ensure that as recipient of personal information, is subject to and complies with its obligations under the Privacy Act and Australian Privacy Principles, which include in particular, Australian Privacy Principle 8 – cross-border disclosure of personal information.

8. Considerations when you send information to us

1. While we do all we can to protect your Privacy and the Privacy of Your customers, including investing in specialist security software, no data transfer over the Internet is 100% secure.
2. If you provide personal information to us electronically, there are ways you can help maintain the security of the information. These include:
   • always close your browser when you have finished your user session;
   • do not provide personal information by using a public computer;
   • never disclosing your user name and password to another person;
   • never sending information to Qwrk Outsourcing employee’s email or other web based mail account or any other means of transferring client information other than through approved file sharing applications- approved by Qwrk Outsourcing.
3. You are responsible for all actions taken using your username, email, or password. If at any time you believe your username or password have been compromised, change your password and contact us immediately.
4. If we suspect that there is a data breach leading to the protection of personal information stored or held by us being compromised, we will implement a data breach response plan, which will include:
   • Notifying you and Your Clients that may be affected by such a breach
   • If necessary, notifying the relevant regulatory authorities of a suspected breach, which may include the Office of the Australian Information Commissioner (OAIC) and the Australian Federal Police.
   • Undertaking appropriate remedial action, depending on the type, amount and nature of the personal information that is at risk. In the implementation and carrying out of the data breach response plan, we will refer to the OAIC’s Data breach notification: a guide to handling personal information security breaches publication. Our Privacy Officer will be primarily responsible for developing and implementing such response plan and may require the assistance of Qwrk Outsourcing staff, its agents and external assistance in doing so, depending on the nature, extent and impact of the suspected breach.

9. How your information is stored

1. We take reasonable steps to securely store personal details and information. This includes electronic and physical security measures.
2. We may be legally required to maintain some of your records for a significant period of time. When the personal information that we collect is no longer required, we destroy or delete it in a secure manner.

10. How you can update, correct, or delete your personal information

1. You and your customers have a right to request access to personal information which we hold about you and your customers and to ask us to correct it if you believe it is inaccurate or out of date.
2. You or your customers may request access to your personal information or correct any inaccurate or out of date information by contacting our Privacy Officer whose details are outlined below.
3. If there is a reason under the Privacy Act or other law for us not to provide you or your customers with information, we will give you or your customers a written notice of refusal setting out:
   1. the reasons for the refusal except to the extent it would be unreasonable to do so; and
   2. the mechanisms available to you to complain about the refusal.
4. You or your customers should also contact us immediately if:
   1. someone has gained access to you or your Client’s personal information;
   2. we have breached our Privacy obligations or your Client’s Privacy rights in any way; or
   3. you or your customers would like to discuss any issues about our Privacy policy.

11. Your authority and opting out

1. By using our services and providing us with personal information, you consent to us maintaining, using, and disclosing your personal information in the way described in this Privacy Policy.
2. We do not use personal information of your customers for marketing purposes.
3. If at any time you no longer wish to receive any additional marketing material from us or do not want your information disclosed for direct marketing purposes, email admin@qwrk.com.au and we will remove your details from our marketing database.
4. If you close your Account or opt out, we will remove or de-identify personal information as soon as reasonably possible. We may, however, retain personal information for as long as is necessary to comply with any applicable law, for the prevention of fraud, for insurance and governance purposes, in our IT back-up, for the collection of any monies owed and to resolve disputes.

12. Limitation of liability

1. To the extent permissible by law and subject to our obligations under the Privacy Act, we will not be liable to you or to any third party for any loss or damage (including but not limited to consequential loss or loss of profits) or claim arising from our collection, disclosure, management, and use of personal information in accordance with this policy.
2. Where liability is not able to be excluded by law, to the extent allowed by law and without limiting your rights under Australian Consumer Law, our liability to you in any circumstances will be limited to re-performance of any services we have provided to you.
3. Links on our website or websites we set up for you may take you outside our network. These links are provided in good faith. However, we are not responsible for third party sites and Qwrk Outsourcing accept no responsibility for the content, incurs, security or function of third-party sites.

13. Changes to our Privacy Policy

1. This document sets out our current Privacy Policy.
2. Our Privacy Policy will be updated from time to time. You should review our Privacy Policy each time you visit our website or provide us with personal information.
3. If you would like further information on our Privacy Policy or if you have any concerns over the protection of the information you have given to us or that we have collected from others, please contact us by
   1. Telephone – 07 5222 4040
   2. Email – admin@qwrk.com.au
   3. In writing – PO Box 713, Buddina, Qld 4575
4. More information about your rights and our obligations in respect to Privacy and information on making a Privacy complaint are available from the Office of the Australian Information Commissioner by:
   1. website – www.oaic.gov.au;
   2. mail – GPO Box 5218 Sydney NSW 2001
   3. email – enquiries@oaic.gov.au