In this policy, the terms ‘Australian Privacy Principle’ and ‘Personal Information’ have the same meaning as they have in section 6 of the Privacy Act.
The Safety Futures Pty Ltd agree:
(a) to comply with their obligations under the Privacy Act including all applicable regulations and registered codes in the course of the Work;
(b) not to engage in an act or practice in connection with the Work that would:
(i) breach an Australian Privacy Principle; or
(ii) be an interference with the privacy of an individual under the Privacy Act;
(c) not to do any act or engage in any practice in the course of the Work that would breach an Australian Privacy Principle if it were done or engaged in by either Party;
(d) to collect, use, disclose, store, retain and dispose of Personal Information obtained during the course of the Work only for the purposes of this Agreement;
(e) without limiting sub-clause 2.2 (d), not to use any Personal Information obtained during the course of the Work for the purposes of direct marketing (as that term is used in the Privacy Act and the Australian Privacy Principles);
(f) not to transfer or disclose outside of Australia any Personal Information obtained during the course of the Work, or allow access to such Personal Information from a location outside of Australia;
(g) to protect all Personal Information obtained during the course of the Work against misuse and loss and from unauthorised access, modification or disclosure, including by complying with the reasonable information security requirements of either Party as may be notified by the other Party from time to time;
(h) to comply with any notice given by the other Party which it reasonably considers necessary to enable the other Party to comply with any notice, direction, guideline, determination or recommendation of the Office of the Australian Information Commissioner or any undertaking given by that Party to the Office of the Australian Information Commissioner;
(i) to ensure that any of the Parties’ Personnel who collect, use, disclose or retain Personal Information obtained in the course of the Supply do so only for the purposes of this Agreement, and ensure that the Parties’ Personnel are made aware of, and comply with the obligations under this clause 25;
(j) to ensure that any subcontracts entered into by the Service Provider contain provisions to ensure that the subcontractor has the same awareness and obligations as the Service Provider under this clause;
(k) to notify the other Party:
(i) before it discloses any Personal Information that is required by a relevant Law to be disclosed;
(ii) immediately of any complaint relating to the handling of or any request for access to the Personal Information held by the Parties in connection with this Agreement;
(iii) immediately on becoming aware of any actual or attempted unauthorised access to or disclosure of any Personal Information held by the Parties in connection with this Agreement (Data Breach) having occurred, and promptly confirm the Data Breach in a written report to the other Party; and
(iv) comply with any reasonable request by the other Party made for the purpose of that Party implementing any action to deal with a Data Breach;
(v) immediately if the Party becomes aware of a breach or possible breach of its obligations under this clause; and
(l) on the earlier of termination of this Agreement or when requested by the other Party, either:
(i) return to the other Party copies of all Personal Information held by the Party and its Personnel in connection with this Agreement; or
(ii) permanently destroy or de-identify all such Personal Information and certify that this has been done in writing to the other Party.
Each Party indemnifies the other Party against any costs, Loss, expense, damage, Claim or liability of any kind arising out of a breach of its obligations under this clause, but each Party’s liability to indemnify the other Party will be reduced proportionately to the extent that a negligent act or omission of the other Party caused or contributed to the cost, Loss, expense, damage, Claim or liability.
This clause survives the termination or expiry of this Agreement.