Infigen Energy (IFN) is listed on the Australian Securities Exchange (ASX). IFN is a triple stapled structure whereby a unit in Infigen Energy Trust (IET) is stapled to one share in Infigen Energy Limited (IEL) and one share in Infigen Energy (Bermuda) Limited (IEBL) so that none of the securities (unit and shares) can be dealt with separately.
IFN is bound by the National Privacy Principles (Privacy Principles) contained in the Commonwealth Privacy Act 1988 (Privacy Act). The Privacy Principles are designed to protect the confidentiality of information and the privacy of individuals by regulating the way personal information is managed. The Privacy Principles cover the following areas:
- Principle 1 - Collection of personal information
- Principle 2 - Use and disclosure of personal information
- Principle 3 - Data quality
- Principle 4 - Data security
- Principle 5 - Openness and availability of personal information
- Principle 6 - Access and correction to personal information
- Principle 7 - Identifiers of individuals
- Principle 8 - Anonymity
- Principle 9 - Transborder data flows of personal information
- Principle 10 - Sensitive information
Personal information
The Privacy Principles define ‘personal information’ as information or an opinion relating to an individual which can be used to identify that individual.
Types of personal information collected
The types of personal information that IFN collect may include information about:
- Securityholders;
- Employees;
- Contractors
- Suppliers;
- Personal contacts at contractors and suppliers;
- Applicants for employment with Infigen Energy; and
- Other people who come into contact with IFN in the ordinary course of business.
This information is collected in a variety of ways, including by way of personal contact such as business activities, as well as mail, telephone, email and internet.
Employee exemption
IFN is not bound by the Privacy Principles in relation to the handling of current or former employees' records, if those records relate directly to the employment relationship. One implication of this exemption is that employees do not have an automatic right to access information concerning them held by an employer.
Use and disclosure of personal information
In general, IFN may use or disclose personal information for the following purposes:
- to service securityholders;
- to communicate with contractors and suppliers;
- to provide administration for employees within IFN;
- to consider applications for employment; and
- to comply with legal obligations.
Also, personal information relating to the contact person for a contractor or supplier of IFN, such as a name, may be used to manage that business relationship.
Depending on the issue concerned, IFN may disclose personal information to:
- service providers and specialist advisers who have been contracted to provide administrative, financial or other services;
- regulatory authorities (including the Australian Tax Office and AUSTRAC) as required or authorised by law; and
- anyone authorised by an individual.
Keeping information accurate and up to date
IFN will take all reasonable steps to ensure that all information held is as accurate as is possible. IFN will correct personal information held by it if requested by the relevant person or if otherwise identified by IFN.
Securityholders
Securityholders of Infigen Energy may be required to provide tax file numbers to IFN or IFN’s outsourced security registrar. IFN will ensure tax file numbers, if required to be held, are kept securely on the security register. In accordance with Australian taxation laws, IFN may provide certain advice to the Australian Tax Office, including distribution and dividend information.
Section 173 of the Corporations Act 2001 requires IFN to grant access on request to our security register. The security register sets out all securityholders' names, addresses and security holdings. IFN may provide information from the security register to meet specific requests such as identifying the top 100 securityholders. Securityholder information is not knowingly disclosed for purposes other than those which IFN considers to be in the interests of the securityholders or is otherwise disclosed in accordance with the law.
IFN may also disclose personal information to another person or company who have been authorised to be contacted on the securityholder’s behalf. In these circumstances, identification will be required for such authorised agents.
Sensitive information
Sensitive information is information or an opinion about an individual's racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record or health information. IFN will obtain consent prior to collecting, using or disclosing any sensitive information, unless the collection of the information is required by law.
Management of personal information
IFN has implemented appropriate technological and organisational measures to assist in ensuring that personal information held is accurate and up-to-date. However, personal information may change frequently with changes of address and personal circumstance and IFN will promptly update personal information once notified.
IFN employees and contractors who handle personal information will comply with the Privacy Act and the Privacy Principles.
Accessing personal information
Under the Privacy Principles a person has the right to obtain a copy of any personal information which a company may hold and to advise the company of any perceived inaccuracy. The Privacy Principles set out some exceptions to this.
It should be noted that in circumstances prescribed by the Privacy Act, access may be refused to personal information where, for example, providing access would be unlawful or would have an unreasonable impact upon the privacy of other individuals.
Complaints about an interference with privacy
Complaints about any action of IFN that allege a breach of this Privacy Policy or the Privacy Principles will be treated confidentially and respectfully. IFN will act promptly to respond to any such complaints.
Updates to this Policy
The Privacy Policy will be reviewed from time to time to take account of new laws and technology, changes to IFN’s operations and practices and to the changing business environment. Notwithstanding, this policy will be reviewed at least every two years.