This section explains how we collect, use and share personal information when we are carrying out our compliance related functions. These include receiving sexual harassment in the workplace complaints, providing website information about sexual harassment in the workplace and initiating support from further support services if requested.
The personal information we collect about you
Our compliance functions require us to collect only a minimal amount of personal information about our site users. We request only a first name, if you choose to provide it and a phone number or email address, if you wish for us to further contact you or refer you to further support services. We do not require any sensitive personal information, other than the content of your complaint and your response to it, but only if you choose to disclose this information. We do not require any health information, identification information, nor any information about where you work, political opinions, religious beliefs, or criminal history.
The Privacy Act (section 86-87) requires us to protect the information we receive and only disclose what we consider is necessary to give effect to the Act (section 206). We take care to exercise our information gathering appropriately and meet our secrecy obligations at all times.
From you directly
All of the personal information we collect is provided directly by you, or your authorised representative, when you engage with us , or when we request it from you when you contact us regarding a sexual harassment in the workplace compliant or enquiry.
You do not have to provide your personal information to us. However, we may not be able to effectively provide you with services, (such as referring you to further support services) or carry out our functions if you do not provide us with the minimum amount of information we need to understand your further needs of support. If you have information that is relevant to an investigation or inquiry, you do not have to provide this to us , but you can disclose this if you choose. We can forward you to further support services , where you can choose to disclose any information.
The personal information we may collect from you directly includes:
• your first name only (if you choose to provide it)
• your contact details, email address or phone number ( if you choose to disclose it)
• information about your authorised representative (if you have one)
• the content of your complaint, including information about the harm it has caused you (which may be sensitive, if you choose to disclose it.)
• your response to a complaint , ( if you choose to disclose it.)
• any documents or other information you provide to us as part of a complaint investigation or inquiry, (so we may forward to further support services. This information does not need to be provided to us, this can be provided to the further support services. If you choose to provide us with this information it will not be stored, it will be forwarded to the chosen further support services )
• correspondence from you about a complaint either via phone call or email, (we don't record phone calls, but we may keep a summary of our conversations with you.)
• your responses to satisfaction surveys we may ask you to complete (these are usually anonymous).
• your responses to surveys or focus group discussions (usually these will be captured in a de-identified form.)
• information about your use of our website, (explained further on our Engagement page.)
All of the collected information is stored in an excel format along with the case number we will provide you. This information will be as ambiguous as possible , to protect you within our web services. Any notes we may make about your case will be as ambiguous as possible. You will be mentioned by your "case number" and any company or possible perpetrator names will not be mentioned and will be called "company" or "workplace" and "perpetrator".
From another person or agency
If requested by yourself , your information will be then forwarded to further support services for further investigation of your complaint. Our compliance related functions do not require us to receive or request personal information about you from other people or agencies. We do not have the power to require a person or agency to provide us with information to carry out an investigation or inquiry. Other agencies do not need to provide us with personal information, for example where they are considering whether to investigate a matter, or where they are notifying us of a privacy breach.
We may not collect personal information from the following people or agencies: The further support services may provide this service if they investigate the complaint further.
• The company or person that is the subject of a complaint – including their views about the complaint or copies of personal information they hold and have refused to release.
• Anyone we believe could provide information that is relevant to whether to investigate a complaint, or to an investigation or inquiry, including witnesses to complaint matters.
• Anyone notifying us of a privacy breach who provides us with the identity of, or other information about, the individuals affected by the breach.
We may not collect publicly available information about you – such as any media reports – where this is relevant to carrying out our compliance functions.
Generated by us as we carry out compliance related functions
In the course of determining whether to refer our site users to further support services or providing information about sexual harassment in the workplace , we generate personal information about you.
The personal information we may generate about you includes:
• correspondence (such as letters and emails), including between our staff or with the staff of other agencies
• file notes from phone calls or emails, memoranda, meeting minutes or other records of actions taken
• legal views or opinions.
What we do with your personal information
How we use it
In order to carry out our compliance functions, we need to use your personal information in the ways set out below. Where we need to use information in a way we have not anticipated here, we will only do so if required or permitted by law or with your authorisation.
We will use your personal information to:
• contact you about a complaint, inquiry, or privacy breach notification.
• decide whether to refer to further support services.
• communicate with other agencies about your complaint ,if requested.
• review and improve the delivery of our services, including conducting satisfaction surveys.
• conduct internal statistical analysis.
• educate others about sexual harassment in the workplace whilst complying with the Privacy Act, including by releasing de-identified case notes.
When we share it
We share personal information where necessary in order to give effect to the Privacy Act including properly carry another regulator, oversight agency, or complaints body to determine whether to transfer a complaint or where we need to consult on it, including:
• NZ Council of Trade Unions
• ACC, Safe to Talk, Find Support
• Human Rights Commission
• Netsafe, where a complaint relates to an online safety or harassment issue
• Employment NZ Early Resolution Services
• Employment NZ Mediation Services
• Employment Relations Authority
• Citizens Advice Bureau
• Community Law NZ
• Rape Crisis
• Police Victims Support Services , Midlands Sexual Assault Services
• Community Law NZ
• Work Law Ltd ( no win no fees)
• The New Zealand Dispute Resolution Centre
• The Police, if there is a serious threat to health or safety if our staff are threatened or abused.