Tribe gathers and uses certain information about individuals.
These can include customers, end users, suppliers, business contacts, employees and other people the organisation has a relationship with or may need to contact.
This policy describes how this personal data must be collected, handled and stored to meet the company’s data protection standards — and to comply with the law.
Why this policy exists
This data protection policy ensures Tribe;
- Complies with data protection law and follow good practice Protects the rights of staff, clients, end users and partners
- Is open about how it stores and processes individuals’ data
- Protects itself from the risks of a data breach
Data protection law
The Privacy Act 1988 (including the Notifiable Data Breaches Scheme amendment of 2018) describes how organisations — including Tribe — must collect, handle and store personal information and must respond to any notifiable data breach.
These rules apply regardless of whether data is stored electronically, on paper or on other materials.
To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully.
The Privacy Act is underpinned by thirteen Australian Privacy Principles. These say that personal data must:
- Be processed fairly and lawfully
- Be obtained only for specific, lawful purposes
- Be adequate, relevant and not excessive
- Be accurate and kept up to date
- Not be held for any longer than necessary
- Processed in accordance with the rights of data subjects
- Be protected in appropriate ways
- Not be transferred outside Australia unless that country or territory also ensures an adequate level of protection.
2. People, Risks and Responsibilities
This policy applies to:
- The head office of Tribe
- All branches of Tribe
- All staff and volunteers of Tribe
- All contractors, suppliers and other people working on behalf of Tribe
It applies to all data that the company holds relating to identifiable individuals, even if that information technically falls outside of the Privacy Act 1988. This can include:
- Names of individuals
- Postal addresses
- Email addresses
- Telephone and Mobile phone numbers
- Any other information relating to individuals
Data protection risks
This policy helps to protect Tribe from some very real data security risks, including:
- Breaches of confidentiality. For instance, information being given out inappropriately.
- Failing to offer choice. For instance, all individuals should be free to choose how the company uses data relating to them.
- Reputational damage. For instance, the company could suffer if hackers successfully gained access to sensitive data.
Everyone who works for or with Tribe has some responsibility for ensuring data is collected, stored and handled appropriately.
Every person that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles.
However, these people have key areas of responsibility:
The board of directors is ultimately responsible for ensuring that Tribe meets its legal obligations.
The data protection officer, Nam Giang Ho, is responsible for keeping the board updated about data protection responsibilities, risks and issues.
- Reviewing all data protection procedures and related policies, in line with an agreed schedule.
- Arranging data protection training and advice for the people covered by this policy.
- Handling data protection questions from staff and anyone else covered by this policy.
- Overseeing requests from individuals to see the data tribe holds about them (also called ‘subject access requests’).
The CEO, David Winter is responsible for:
- Approving any data protection statements attached to communications such as emails and letters.Addressing any data protection queries from journalists or media outlets like newspapers.
- Where necessary, working with other staff to ensure marketing initiatives abide by data protection principles.
- Assuring any notifiable breach is reported and that the recommendations of the commissioner are followed.
3. Staff Guidelines
- The only people able to access data covered by this policy should be those who need it for their work.
- Data should not be shared informally. When access to confidential information is required, employees can request it from their line managers.
- Tribe will provide training to all employees to help them understand their responsibilities when handling data.
- Employees should keep all data secure, by taking sensible precautions and following the guidelines below.
- In particular, strong passwords must be used and they should never be shared.
- Personal data should not be disclosed to unauthorised people, either within the company or externally.
- Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of.
- Employees should request help from the data protection officer if they are unsure about any aspect of data protection.
4. Data Storage
These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the IT manager.
When data is stored on paper, it should be kept in a secure place where unauthorised people cannot see it.
These guidelines also apply to data that is usually stored electronically but has been printed out for some reason:
- When not required, the paper or files should be kept in a locked drawer or filing cabinet.
- Employees should make sure paper and printouts are not left where unauthorised people could see them, like on a printer.
- Data printouts should be shredded and disposed of securely when no longer required.
When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts:
- Data should be protected by strong passwords or password phrases that are changed regularly and never shared between employees.
- If data is stored on removable media, these should be kept locked away securely when not being used.
- Data should only be stored on designated local drives and servers (for the purposes of periodic back up only), and should only be uploaded to an approved cloud computing services (for all working copies of the data).
- Customer and end user data should only be stored on approved cloud computing servers
- Customer and end user data stored on approved cloud computing servers must be stored encrypted at AES 256bit
- No employee of Tribe should download or interfere with any Customer data or end user data unless requested to do so by the Client of Tribe in writing. Customer or end user data is only be downloaded or altered by an employee with the approval and assistance of the CTO.
- Servers containing personal data should be sited in a secure location, away from general office space.
- Data should be backed up frequently. Those backups should be tested regularly, in line with the company’s standard backup procedures.
- Data should never be saved directly to laptops or other mobile devices like tablets or smart phones.
- All servers and computers containing data should be protected by approved security software and a firewall.
- On termination of any and all Client contracts, all data related to that Client
and customers or prospects of that client must be returned to the Client and then deleted in accordance with the procedure set out in the Client contract termination check list.
5. Client Data Privacy
Clients of Tribe may electronically submit data or information to Tribe. Such data may relate to customers or prospects of the Client. From time to time these customers or prospects may also submit data to Tribe electronically, as a result of the Client’s use of Tribe’s services. These data will be stored and accessed only in accordance with Data storage policy described in 4 above. Tribe will not download, review, share, distribute, sell or reference any such Client data except where specifically permitted or requested by the client in writing and where the customer of the client has given permission.
6. Data use
Personal data is of no value to Tribe unless the business can make use of it. However, it is when personal data is accessed and used that it can be at the greatest risk of loss, corruption or theft:
- When working with personal data, employees should ensure the screens of their computers are always locked when left unattended.
- Personal data should not be shared informally. In particular, it should never be sent by email, as this form of communication is not secure.
- Data must be encrypted before being transferred electronically.
- Employees should not save copies of personal data to their own computers. Always access and update the central copy of any data.
- Employees accessing Customer data must ensure that it remains domiciled in the original jurisdiction. In particular storage of these data must not be moved from servers outside the EU into the EU or Vice Versa
7. Data Accuracy
The law requires Tribe to take reasonable steps to ensure data is kept accurate and up to date.
The more important it is that the personal data is accurate, the greater the effort Tribe should put into ensuring its accuracy.
It is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible.
- Data will be held in as few places as necessary. Staff should not create any unnecessary additional data sets.
- Staff should take every opportunity to ensure data is updated. For instance, by confirming a customer’s details when they call.
- Tribe will make it easy for data subjects to update the information we hold about them.
- Data should be updated as inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the database.
8. Subject Access Requests
All individuals who are the subject of personal data held by Tribe are entitled to:
- Ask what information the company holds about them and why.
- Ask how to gain access to it.
- Be informed how to keep it up to date.
- Be informed how the company is meeting its data protection obligations.
If an individual contacts the company requesting this information, this is called a subject access request.
Subject access requests from individuals should be made by email, addressed to privacy[at]tribemobile.co. The data controller can supply a standard request form, although individuals do not have to use this.
The data controller will provide the relevant data within 14 days.
The data controller will always verify the identity of anyone making a subject access request before handing over any information.
Where the data exists because the Individual is a customer or prospect of a Client of Tribe, the data controller will also notify the Client in writing within 1 business day of the access request.
9. Disclosing data for other reasons
In certain circumstances, the Privacy Act 1988 allows personal data to be disclosed to government agencies without the consent of the data subject.
Under these circumstances, Tribe will disclose requested data. However, the data controller will ensure the request is legitimate, seeking confirmation from the board and from the company’s legal advisers that disclosure is required.
Where the data subject is the end customer or prospect of a Client of Tribe, Tribe will notify the Client within 1 business day and before making any disclosure where possible.
10. Providing information
Tribe aims to ensure that individuals are aware that their data is being processed, and that they understand:
- How the data is being used
- How to exercise their rights
To these ends, the company has a privacy statement, setting out how data relating to individuals is used by the company.