Privacy Policy

Australian National Character Check (ANCC) is committed to respecting your privacy and Personal Information. We comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth). We reserve the right to change, modify or update this privacy policy at any time.

This Privacy Policy is in addition to our Terms & Conditions.

1.0 'Customer' and 'Service' defined

1.1 'Customer' is referring to any party that uses any services provided by Australian National Character Check.

1.2 'Service' refers to the use of any of the checking services that Australian National Character Check offers.

2.0 About ANCC

2.1 Australian National Character Check (ANCC) allows customers to apply for a Nationally Coordinated Criminal History Check, Identification Checks, National Bankruptcy Check, Visa Entitlement Verification Online (VEVO Check), and other background checks. The Nationally Coordinated Criminal History Check is commonly referred to as a police check. The checks can be used when applying for employment, volunteering, appointment to positions of trust, and a variety of Australian licensing and registration schemes.

3.0 Personal Information: What do we collect?

3.1 Australian National Character Check records Personal Information about the Customer that pertains to information used in the National Police Checking Service (NPCS), or which Australian National Character Check is authorised to obtain. This information may include (and is not limited to) a Customer's name, address, date of birth, contact details, drivers licence details, passport details, or any other information you provide to us, or permit us to obtain.

3.2 Sensitive information that is applicable to the Customer's criminal history information, Visa status, or bankruptcy history may be recorded. Australian National Character Check will not keep unsolicited information, as all information will be received from the Customer with their consent or permission (as applicable).

3.3 At times we may check your identification documents with the Issuer or Official Record Holder to verify the accuracy of your information. This may include using a third-party service to ensure the submitted documents are legitimate and true.

3.4 Australian National Character Check may use technology to determine whether humans or robots are accessing the website. For this purpose some user data may be stored such as:

• Cookies
• Date
• CSS Information
• Clicks
• Language settings
• Javascript objects

3.5 We may also collect data about how you use our website or other websites you have visited so we can tailor our service to meet our customers' needs. We may aggregate and de-identify this information ('Aggregate Information') and use the Aggregate Information to help us understand customer trends and to make improvements to our website and our services. We may share the Aggregate Information with third parties, including to improve our services and understand what our customers want, and we may use this data for advertising and marketing purposes. Aggregate Information may also be disclosed to third parties for the third parties' advertising and marketing purposes.

3.6 Our website uses cookies. Cookies are small data files that are downloaded from our web servers and stored on your hard drive. A cookie is a string of letters and numbers that uniquely identify the computer you are using and the Username and password you may have used to register at the site. This enables the website to track the pages you have visited. Most browsers can be configured to refuse to accept cookies. You can also delete cookies from your hard drive. However, doing so may hinder your access to valuable areas of information within our site. We will not be responsible for any damage to your computer or hard drive from cookies. You can set your browser to refuse cookies, however, this may mean you are unable to take full advantage of our website.

4.0 Collecting, holding and disclosing of Personal Information

4.1 Australian National Character Check records, uses, and may disclose a Customer's Personal Information for the following purposes, unless otherwise required by law:

1. Lodging an application for and receiving the results of a police check through the National Police Checking Service (NPCS);
2. For identity verification;
3. For document verification through the Document Verification Service (DVS);
4. Dispatching results to authorised persons at the Customer's request;
5. Any alternate purposes when stipulated during the collection of Personal Information that may or may not be directly related to the Service;
6. To conduct Bankruptcy Register Search through the Australian Financial Security Authority upon Customer request;
7. To conduct Visa Entitlement Verification Online check through the Department of Home Affairs upon Customer request;
8. To process payments and carry out administrative service for Australian National Character Check services;
9. To allow third parties who the Customer has agreed to allow access to the results of these searches for the purposes of verifying the contents of check applications;
10. To provide the results of an identity check or background check to any person you or your applicants authorise us to;
11. To process payments for our services;
12. To carry out a potential identity audit program through the Document Verification Service (DVS) to confirm that documents presented remain legitimate and are not registered as stolen or cancelled within 12 months of check application;
13. To comply with obligations under any agreement(s) including the Agreement for controlled access by duly Accredited Bodies to access Nationally Coordinated Criminal History Checks we have with the Australian Criminal Intelligence Commission (ACIC), or any other Australian Government Agency, including Australian Police Agencies.

4.2 Additionally, we may use your personal information for the following reasons:

• Contract: We need to process your information in order to fulfil a contract you have with us, or because you have asked us to take specific steps before entering into a contract.
• Legal obligations: We need to process your information for us to comply with the law (including contractual obligations).
• Consent: You have given clear consent for us to process your personal information for a specific purpose.
• Legitimate interests: We need to process your information for our legitimate interests or the legitimate interests of a third party. An example of this last reason might be to demonstrate our usual processes to an assessor who is assessing our suitability for accreditation to a voluntary industry standard such as ISO27001. This legitimate interest can be overridden where there is a good reason to protect your personal information.

4.3 Personal Information will be collected lawfully, appropriately and in a non-intrusive manner.

4.4 Australian National Character Check collects Personal Information about a Customer if it relates to one of the above-stated purposes.

4.5 A Customer consents to us using and disclosing Personal Information for these purposes or any other purpose Australian National Character Check obtains consent for.

4.6 We may disclose personal information to the following kinds of entities for the relevant purposes mentioned above:

• Our contractors, consultants, advisers, associates and related entities;
• Any industry body, tribunal, court or otherwise in connection with any complaint made by you about us;
• Other entities or third parties with your consent (such as third parties who you have agreed may access your personal information for verification purposes) or as permitted or required by law.
• To comply with our obligations under any agreement we have with the Department of Home Affairs regarding the DVS.

4.7 You consent to us using and disclosing personal information for these purposes or any other purpose we obtain consent for (Secondary Purpose). Without limitation, such a Secondary Purpose which you consent to us taking reasonable steps to de-identify your personal information, such as by removing your personal identifiers (De-identified Data) and disclose such De-identified Data to third parties or otherwise use the De-identified Data.

4.8 We retain your personal data only as long as necessary to provide you with our services and for legitimate and essential business purposes (such as maintaining the performance of our services), making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. Following this period, we will make sure the relevant personal data is deleted or anonymised.

5.0 Direct Marketing

5.1 We may use your personal information, including your contact details, to provide you with information about products and services which we consider may be of interest to you.

5.2 At any time you may advise us that you do not wish to receive marketing communications. You may opt out at any time if you no longer wish to receive marketing information or do not wish to receive marketing information through a particular channel (such as by email, telephone, SMS, or mail).

5.3 If you do not want us to send you marketing communications via email you can opt out at any time by using the unsubscribe option available. To opt out of all other means of communication, please contact our Privacy Officer using the contact details provided below.

6.0 Accessing and amending Personal Information

6.1 A Customer is entitled to request access to their Personal Information that Australian National Character Check holds under the Australian Privacy Principles 12 and 13.

6.2 If the Customer identifies that information previously submitted is not accurate, out of date or incomplete, then under the Australia Privacy Principle 13, they may contact us in writing to correct this information. Australian National Character Check will then take reasonable steps to amend this Personal Information.

6.3 A Customer has the right, with limitations, under the Freedom of Information Act 1982 (Cth) (FOI) to access documents Australian National Character Check holds. This process may take up to 30 days or longer.

6.4 The Freedom of Information Act 1982 (FOI Act) gives any person the right to:

• Access copies of documents (except exempt documents) we hold;
• Ask for information we hold about you to be changed or annotated if it is incomplete, out of date, incorrect or misleading;
• Seek a review of our decision not to allow you access to a document or not to amend your personal record.

6.5 You can ask to see documents that we hold within legislative limitations. We can refuse access to some documents, or parts of documents that are exempt. Exempt documents may include those relating to national security, documents containing material obtained in confidence and or other matters set out in the FOI Act.

6.6 The Customer acknowledges and accepts that Australian National Character Check has some grounds for refusal regarding disclosure of Personal Information, and are as follows:

• If giving access is unlawful;
• Allowing access would pose a serious threat to life, health and safety of any individual, or to public health and safety;
• If the information requested relates to an existing or anticipated legal proceeding;
• If the request is deemed frivolous or vexatious;

6.7 If you wish to access information we hold about you please put your request in writing and send it to:

7.0 Protection and storage of Personal Information

7.1 Australian National Character Check will store and protect Customer's data. This includes the use of third-party storage vendors, and other electronic and physical means of ensuring that the data is safe and secure.

7.2 Personal information that is stored electronically is encrypted on secure servers located in Australia, hence Customers can be assured that their data is staying within national borders.

7.3 Our aim is to ensure that all Personal Information is securely protected from misuse, loss, and unauthorised access, modification or disclosure by way of maintaining:

• Secure SSL encryption of our website: Secure data transfer technologies and payment gateways. Australian National Character Check enforces secure socket layer (SSL) connections for every page of our website and our application. The use of SSL means that data traffic between your computer and our site is encrypted and protected at all times.
• ICT system network security: ICT system network security, including password-protected computer access with a password policy, firewalls, and antivirus protection system/s to prevent unauthorised access.
• Encrypted communications: We only use encrypted online communication.
• Servers located in Australia: We only use secure servers located in Australia.
• Access Control: We limit access to authorised staff and contractors of Australian National Character Check.
• Physical Security: We use physical security to prevent unlawful access to our premises.
• Technical Access Controls: Appropriately configured gateway environments such as firewalls and restricted file system permissions.
• Technician Infrastructure Controls: Current and patched operating systems, current and patched software, antivirus software applications, up-to-date virus definition files, and privileged access controls whereby access is granted on a need-to-know basis.
• Digital Encryption Certificates: We use digital encryption certificates such as PKI certificates.
• Staff Training: Staff are provided with information security awareness training.
• Multifactor authentication: Our software uses multifactor authentication requirements when accessing applicable parts of ANCC's software systems.
• Auditing, Quality Control, and System Updates: Australian National Character Check is committed to continually improving our business and works to ensure that undesired results are effectively reviewed and managed. ANCC implements a quality control process through monthly internal quality reviews which focus on the regular assessment of the company's quality objectives by our staff and management. ANCC conducts regular internal audits of its online screening platform alongside an independent audit on a routine basis. The findings of these audits are reviewed and translated into actions and remedies that sustain the ongoing suitability and adequacy of our services.
• Destroying or de-identifying data when no longer required: We aim to keep personal information only for as long as we need it, such as for business or legal reasons. When we no longer need information, we take reasonable steps to destroy or de-identify it.
• Protective Security Policy Framework (PSPF): We implement applicable sections of the Department of Home Affairs' Protective Security Policy Framework (PSPF).

7.4 Nationally Coordinated Criminal History Check results and information we collect on the application and informed consent form (police check form) are securely destroyed after 12 months.

7.5 We also ensure all employees of Australian National Character Check have entered into Confidentiality Agreements. Access to your Personal Information is restricted to employees or contractors who require it to provide services to you.

8.0 Non-disclosure of Personal Information

8.1 It is a user's choice whether to provide Personal Information to Australian National Character Check for the purposes of the service. However, if the information requested is not provided, we may be unable to fulfil your request for specific Services or may not be able to identify you.

9.0 Complaints

9.1 If you believe we have breached the Australian Privacy Principles, please call us, or send us an email. Australian National Character Check takes privacy of Personal Information very seriously. We endeavor to reply to your complaint within five (5) business days.

9.2 If you wish to access information we hold about you please put your request in writing and send it to:

10.0 Disclosure of Information overseas

10.1 Australian National Character Check does not directly disclose Personal Information to any overseas recipient unless we have consent from the applicant.

11.0 Non-Personal Information

11.1 Australian National Character Check also collects customer data that does not hold Personal Information, but pertains to how you use the website. This information allows Australian National Character Check to improve and tailor our services to better meet customer needs. We may share this data with third-party services to better understand our customers' needs.

11.2 When you visit the Australian National Character Check website, our web server collects information that helps us understand your needs so we can offer you the best user experience. Information collected includes the pages you visit, the date and time of your visit, how long you were on the site, your IP address, how you came to the site, your top-level domain name (for example - .com; .gov; .au), and the type of browser you are using. All information collected does not identify you personally.

12.0 Accreditation for Nationally Coordinated Criminal History Check (NCCHC)

12.1 Our accreditation with ACIC is under Australian National Character Check Pty Ltd and the trading name is Australian National Character Check.

13.0 Dispute of a nationally coordinated criminal history check result

13.1 In the event where an applicant thinks there may be an error on a police check Result, they may contact Australian National Character Check to clarify any details. If there is still any concern, the applicant may refer to the result dispute process below to clear any concern

1. Applicant contacts Australian National Character Check to raise their concern regarding the check result.
2. If the applicant would like to raise a dispute, they must complete a Dispute Form that is provided by Australian National Character Check. The applicant must themself provide all the required information and supporting documentation required to complete the Dispute Form.
3. Australian National Character Check will then send the completed Dispute Form to the National Police Checking Service (NPCS) team.
4. The National Police Checking Service (NPCS) will review the police check result.
5. The Applicant will receive the outcome of the dispute, either successful or unsuccessful.

13.2 An applicant cannot dispute police history information provided by Australian National Character Check through the ACIC or a Police Agency directly. All disputes must be raised directly through Australian National Character Check.

14.0 Access to other websites

14.1 Other websites that may be accessible via hyperlinks from the Australian National Character Check website or through an Automated Platform Interface (API) are owned and operated by third parties and are not subject to Australian National Character Check's Privacy Policy. Australian National Character Check has no control over the content of those websites. Please review the privacy policy of each individual website you access and assess whether the policy is satisfactory to you before you use the other websites.

15.0 Changes to this Privacy Policy

15.1 We reserve the right to change, modify or update this privacy policy at any time, without liability to you, by posting the revised version on our website.

15.2 The revised version will take effect immediately upon posting. The Customer should refer to this privacy policy on our website regularly.