Introduction
This policy provides guidance for the use and storing of photos and videos with the aim of reducing the risk of photos and videos being used inappropriately. It also aims to ensure that in documenting Hireup events and other activities that the health, safety and welfare of people who receive services through our platform are protected.
Scope
This Policy applies to:
- Employees of Hireup (for example Support Workers);
- Those otherwise engaged by Hireup (other than Support Workers);
- Clients; and
- Account Managers.
Principles
Photos and videos can be used to help people identify with Hireup. They can also assist in developing healthy self-esteem and creating lifelong memories.
It is not our intention to prevent anyone from taking photos or videos but to make sure we manage and use photos and videos appropriately.
Taking and using photos and videos must:
- Only be taken with the consent of each person captured
- respect each person’s right to control how and for what purpose the photos and videos are used
- comply with relevant legislation and this Policy.
Consent
Generally
Photos, videos or digital images of people are considered “personal information” and are governed by the Privacy Act or equivalent in each state. This includes photos or videos that users upload to their online profiles and photos or videos where people in the background are identifiable.
A person giving consent must have the capacity to understand and communicate their consent. Consent must be given voluntarily.
Before taking photos or videos you must:
- Ask for permission of the person/s you are going to take the photos or videos of. If the photos or videos will be of a Client, you must first ask for either their permission or their Account Manager’s.
- You must disclose to the person/s how the photos and videos will be used and who will have access to them
Hireup Purposes
In circumstances where Hireup wants to take photos or videos to showcase the work we do and use those photos or videos on our website, social media, or in brochures, newsletters or any other material, consent must first be obtained by the completion of Hireup’s Video and Photo Release Form or by voice recording.
Photos and videos can only be used for the purposes given when seeking permission. If you want to later use those same photos or videos for a different purpose to what you originally sought permission for, you must obtain consent for them to be used for a secondary purpose.
By completing Hireup’s Video and Photo Release Form, you agree that the consent applies to Hireup using any existing and future photos and videos taken of you on our website, social media, brochures, newsletters or in any other material, unless your consent is withdrawn in writing by you or your Account Manager.
Large Events
Individual consent will not be sought in circumstances where a large number of people attend an event. A notice of filming and photography will be displayed at the event. If you do not want to be photographed or filmed at an event, you should advise the Hireup event organiser.
Other legal considerations
In Australia there are no legal restrictions to photographing people in public spaces (including children, young people and vulnerable adults) as long as the images are not:
- Indecent
- Used for voyeurism or made for the purpose of observing and visually recording genital areas
- Protected by a court order
- Defamatory
- For commercial purposes.
Consensual photos of children contravene criminal laws and censorship if the child is photographed in a provocative or sexual manner.
Use Of Photos/Videos by Hireup Employees & Others
Individuals who are either employed (for example support workers) or otherwise engaged by Hireup are not to use their personal equipment (phone, camera, video equipment, other digital devices) for taking photos or videos of people in the workplace (subject to the exceptions below).
When taking a photo or video for the personal use of the Client, you may use their phone or another device owned by them.
Exceptions to Using Personal Devices
Exception 1
In the event that a Client does not have their own personal device to take photos or videos on, you may use your personal device however, once you have sent the photos or videos to the Client or their Account Manager, you must delete the photos and videos from your personal devices or drive.
Exception 2
Hireup may from time to time ask staff to take photos or videos. In these circumstances, Hireup will first ensure that the Client or Account Manager who is to be photographed or videoed has completed the Hireup Video and Photo Release Form. Only in these circumstances may you use and upload photos and videos onto your personal devices. The photos and videos taken must be deleted from your personal devices and drives after you have securely provided the photos and videos to Hireup.
In circumstances where you are taking photos or videos on behalf of Hireup, you should ensure you have conducted the following risk minimisation assessment:
- Confirm by asking the Client and/or Account Manager that they have signed Hireup’s Video and Photo Release Form;
- Inform the Client and/or Account Manager that the photos or videos will be taken on your personal device;
- Explain how the photos or videos will be uploaded and provided to Hireup; and
- Ensure all individuals in the photos or videos are appropriately dressed and posed.
Copyright
Unless otherwise agreed in writing between Hireup and you, any and all copyright in the photos and videos taken by you during the course of your employment or engagement with Hireup, which are taken for, relate to, or are used in the business of Hireup or any member of the Hireup Group, whether those photos or videos are taken on your personal device or not, are the intellectual property of Hireup.
More detailed copyright information can be found at: www.copyright.org.au.
This policy should be read in conjunction with Hireup’s Video and Photo Release Form, which outlines the obligations of people who consent to Hireup using their photos or videos.