This privacy policy applies to BERT Fund Limited as Trustee for Building Employees Redundancy Trust (BERT); the BERT Group of Entities (BERT Welfare Fund, BEWT Fund Limited, BERT Financial Services Pty Ltd; QCTF Fund Limited as trustee of BERT Training Fund); and Construction Income Protection Limited (each referred to in this Policy as “the Funds”, “we”, “our” “us”).

The Funds respect the privacy of individuals and is committed to the protection of your personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act), including the Australian Privacy Principles (APPs).

Collection of Personal Information

The Funds need to collect personal information in order to administer accounts, contact you, and assess eligibility for the payment of claims including welfare and training benefits.

Personal information held by the Funds may include:

• name,
• date of birth,
• current and previous addresses,
• telephone or mobile phone number,
• email address,
• tax file number (TFN)
• bank account details,
• Employment details
• Membership to other organisations such as unions

 

The Funds will only collect personal information in a lawful, fair and unintrusive manner.

The Funds will collect personal information directly from you wherever possible. However, there may be times when the Fund will collect information about you from third parties such as your Employer. Where the Fund collects personal information from a third party, it will ensure this information is reasonably necessary to perform its functions and activities and will take all reasonable steps to ensure you are aware of the collection of this information.

When assisting a member with their eligibility for insurance cover under the CIP Ltd Income Protection policy or in lodging their insurance claim, additional information may be collected from medical practitioners and from current and previous employers. Information collected for insurance purposes will normally only be disclosed to the Fund’s insurer. However, where a member may make a claim, information might then be disclosed to medical practitioners and other experts nominated by the Fund’s insurer. In addition, if there is any dispute about a member’s entitlement, CIP Ltd or the administrator or the insurer may disclose information about the member to other advisers (for example, legal advisers).

Disclosing your Personal information

Information about members is normally only disclosed to the Funds service providers. However, limited information about members is disclosed to other organisations in the circumstances described below.

A significant number of members of the Funds are also members of BUSS(Q), CFMEU and Plumbers Union Queensland. The Funds at times may conduct a database matching process with these organisations where mutual members are present to ensure each organisation has the most up to date contact details for its members. Where the database search shows different contact details for the same person, each organisation adopts the most recently indicated contact details so that the Funds can continue to communicate with its members to ensure their records are kept up to date.

The Fund believes it is important that contributions are paid regularly, and any late payments are identified. As part of the process of monitoring contributions, the Funds from time to time, supplies Fund Stakeholders with information about the names of members employed by particular employers who are working on sites where an award, industrial agreement or enterprise bargain agreement is in place as well as the amount of contributions that have been made for them over a period of time.

The Fund will not disclose or transfer your personal information to overseas recipients or foreign countries. However, if circumstances arise where the Fund does need to disclose your personal information to an overseas recipient, we will take all reasonable steps to ensure that the recipient does not breach the Privacy Act, including the APPs; the information will have appropriate protection and that you have provided your consent to transfer the personal information. 

Anonymity and Pseudonymity

Where practical, you may deal with the Funds anonymously or by using a pseudonym. It is important to note however that most of the Fund’s services do require the collection of your personal information to allow us to provide you with the appropriate products, services or responses. The Fund may be unable to provide our products and services to you where we do not have all the relevant information.

Data Security

The Fund is legally required to notify you of any eligible data breaches under the Privacy Amendment (Notifiable Data Breaches) Act (Cth) 2017. The Fund has developed a Data Response Plan to outline the strategy for containing, assessing and managing data breach incidents. All eligible data breaches that are likely to result in serious harm will be reported to those individuals affected by the breach.

Direct Marketing

The personal information collected by the Funds may be used for the purpose of sending you direct marketing information from time to time. Direct marketing information means marketing or promotional information about our services and products. In cases where direct marketing is used, an opt-out mechanism will be provided, alternatively, if you do not wish to receive any direct marketing information, you can always contact us at any time to request that we stop sending you such information. You can either contact our Privacy Officer (see below) or by following the instructions at the bottom of any direct marketing information, email, text message or communication that we send to you.

Use of our Website

When you visit the Funds websites, unless your web browser is set to refuse ‘cookies’, a cookie may be automatically attached to your computer’s memory by our server. These cookies allow us to track which parts of our website are most attractive to visitors and thereby help us to improve our services. This information is not used to ascertain your identity or identify any of your personal details. Our website may contain links to other sites. The Funds are not responsible for the privacy practices, policies or content of those sites.

Access and Correction

You may request access to your personal information. The Funds will provide access within a reasonable period of time to the personal information that it holds about that individual, unless an exemption applies. In addition, the Fund will provide access in the manner requested by the individual if it is reasonable to do so.

The Funds reserves the right to revise and amend the Privacy Policy as deemed necessary. Updated versions of the Privacy Policy will be posted on the website as amendments occur and will be available on request.

The Funds will take reasonable steps to correct personal information to ensure it remains complete, accurate and up-to-date, including when an individual requests that their personal information be corrected, or the Fund is satisfied that the personal information needs to be corrected.

The Funds will ensure that in cases where a correction is made, entities provided with the information will be notified if requested by the individual. A refusal to correct the information will be followed by a written statement of explanation as outlined in APPs within a reasonable timeframe of the original complaint being made and free of charge to the individual.

Identity Verification

As part of our identity verification process, the Funds use a service that enables us to confirm the accuracy of the personal details you provide. This process may involve transmitting your information to official record holders or document issuers through secure third‑party systems.

• Collection, Use and Disclosure of Identification Information

In order to verify your identity, we may collect, use, and disclose certain Identification Information relating to you. This information may be included in an Information Match Request and securely transmitted to the relevant document issuer or official record holder for the purpose of confirming your identity.

• Express Consent Requirement

Before any such collection, use, access, or transmission of your Identification Information is initiated by us or by a third party acting on our behalf, you will be required to provide your express consent. The consent statement is:

“I confirm that I am authorised to provide the personal details presented and I consent to my information being checked with the document issuer or official record holder via third‑party systems for the purpose of confirming my identity.”

• Purpose Limitation

Your Identification Information will only be used for identity verification purposes and will not be used for any other purpose without your further consent, unless required or authorised by law.

• Safeguards

The Funds implement strict technical and organisational measures to protect your Identification Information during collection, transmission, and verification.

• Consequences of Declining Consent

If you choose not to provide consent, we will be unable to proceed with identity verification. This may result in the Fund being unable to provide you with access to certain services, benefits, or accept your claim.

For further information about how your identity verification information is collected and managed, please contact the Fund on 1300 261 114.

Complaints

If you believe that your privacy has been breached, please contact the Funds Privacy Officer, Steven Hack on 1300 261 114 or email your complaint to [email protected].

The Privacy Officer will review and investigate your complaint and endeavour to respond within a reasonable time unless a detailed investigation is required.

If you are not satisfied with the response, you can lodge a formal privacy complaint with the Office of Australian Information Commissioner (OAIC).

The OAIC can be contacted at:

Post: Office of the Australian Information Commissioner, GPO Box 5218, Sydney NSW 2001
Phone: 1300 363 992
Email: [email protected]
Website: www.oaic.gov.au

Further information about the nature of personal information that we hold, how it is handled and how to opt out of receiving direct marketing information may be obtained from the Funds Privacy Officer, Steven Hack on 1300 261 114.