- Privacy Act 1988 (Cth) (Australian Privacy Act) and the Australian Privacy Principles set out in the Australian Privacy Act;
- Privacy Act 1993 (New Zealand Privacy Act) and the Information Privacy Principles set out in the New Zealand Privacy Act,(together, Privacy Act).
This Policy explains how We collect, hold, use and store your personal information and under what circumstances We may disclose that personal information. This Policy also explains your rights to gain access to and seek correction of your personal information that We hold.
This Policy also provides you with information about how you can approach Us about any privacy related concerns and complaints and how We will deal with your concerns.
Personal Information and Sensitive Information
The Australian Privacy Act defines “Personal Information” as:
“information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable”.
The New Zealand Privacy Act defines “Personal Information” as:
“information about an identifiable individual; and includes information relating to a death that is maintained by the Registrar-General pursuant to the Births, Deaths, Marriages, and Relationships Registration Act 1995, or any former Act (as defined by the Births, Deaths, Marriages, and Relationships Registration Act 1995)”.
The Australian Privacy Act defines “Sensitive Information” as:
“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; or
- criminal record.”
- Information We request from you
As a user of Our Website www.newagedarwin.com.au We usually ask for any of the following information:
- First Name
- Last Name
- Date of Birth
- Residential or Postal Address
- Telephone number
- Email address
- Details relating to employment
We will not collect Personal Information (other than Sensitive Information) unless the information is reasonably required by us to establish an account for you and/or to provide goods or services to you. Occasionally, We may request additional Personal Information for specific purposes. In those circumstances, We will explain why We request that information and unless We are required or authorised by law to request that information from you, providing that additional information to Us is optional.
Under no circumstances will We request information from you that discloses:
- Political, religious, philosophical beliefs or affiliations
- Health and sexuality
- Racial or Ethnic origin
- Criminal convictions
On occasion, We may undertake market research or conduct surveys and seek other information from you on a periodic basis. These surveys provide us with information that allows improvements in the type and quality of goods and/or services offered to you. Participation in such activities is optional.
We only collect Personal Information about you, if you voluntarily submit to us by:
- Providing your information by form, telephone or facsimile
- Creating an account with us
- Sending us an email
- Sending us information via the “Contact Us” page on Our Website
- Sending us Personal Information when using any part of Our Website
We will not collect Personal Information from a third party, unless:
- You consent to the collection of the information from someone else; or
- It is unreasonable or impracticable to collect the information from you.
If We do collect Personal Information from a third party, We will inform you that Personal Information has been collected and the circumstances of such collection.
Personal Information via the Website
Most commercial Websites use ‘cookies’, which are pieces of information that Websites send to the browser and are stored in the computer hard-drive.
Cookies make using the Website easier by storing information about matters such as your preferences on the Website. This allows the Website to be tailored to you for any of your return visits. Cookies will not be used to identify you personally.
If you would prefer not to receive cookies, you can alter your security settings on your Web browser to disable cookies or to warn you when cookies are being used. However, by disabling the cookie function in your Web browser you may impede your ability to use parts of the Website.
Cookies enable us to collect certain information from you such as:
- your browser type;
- your location;
- your IP address;
- information about when and how you use Our Website;
- information about your past internet usage, such as Websites you visit before coming to Our Website.
- Your option not to provide your personal information
We may from time to time run competitions or offer additional benefits to you and We may ask you to provide us with your personal details for these purposes. Providing us with this information is optional to you. However, if you do not provide your personal information to us We may not be able to contact you or give you access to the additional benefits.
You have the option to interact anonymously or using a pseudonym with Our Website.
However, if you choose to remain anonymous or use a pseudonym, your experience with Our Website may be diminished and We may not be able to offer you Our full range of goods and/or services.
Unsolicited personal information
Where We receive unsolicited personal information about you, We will check whether that information is reasonably necessary for Our functions or activities. If it is, We will handle this information the same way We do with other information We seek from you. If not, We will destroy or de-identify it.
Use of Personal Information
Your Personal Information, will be used either on its own or as a part of aggregated data for the following primary purposes:
- purposes necessary or incidental to the provision of Our services and functions;
- to ensure the proper functioning of Our Website including customising and improving your online experience with us;
- to ensure the proper functioning of the NACD business;
- personalising your experience with Our products and services, for example through connectivity with social media services;
- to assist NACD with Our marketing, planning, product development and research requirements;
- sending you marketing and promotional material that We believe you may be interested in.
We will not use or disclose (or permit the use or disclosure of) personal information that could be used to identify an individual member in any circumstances except:
- to ensure the proper functioning of Our business and the Website;
- to communicate promotional offers and special events to you;
- where applicable law requires, or authorises, us or a company holding data on Our behalf to do so; or
- where you have given express consent to us for a prescribed purpose. Only with your express consent will We use or disclose Personal Information (including Sensitive Information) about you for the purposes of direct marketing.
We may disclose your Personal Information to the following third parties for the above purposes:
- services providers engaged to provide services to us; or
- third parties who We consider may offer goods and services you are interested in.
We may disclose your personal information to Our related entities and international entities.
If We are compelled to disclose your Personal Information to a third party, We will take reasonable steps to notify you of this in advance, wherever it is lawful and reasonable for us to do so. We will not sell your personal information.
Security of Personal Information
Personal Information may be stored by NACD electronically and in hardcopy form. NACD will take all reasonable steps to protect your information from misuse, interference, loss and unauthorised access, modification or disclosure.
However, you acknowledge that your use of the Website is at your own risk and We accept no responsibility whether We are deemed to have been negligent or not, in the event of a breach.
You also acknowledge that no information transmitted over the internet can be guaranteed to be completely secure. However, NACD will endeavour to protect your Personal Information as best as possible but We cannot guarantee the security of any information that you transmit to us or receive from us. The transmission and exchange of information is carried out at your own risk.
The protective steps We take from misuse, interference, loss, unauthorised access, modification and disclosure of your personal information include:
- confidentiality requirements of Our employees;
- document storage security policies;
- security measures for access to Our systems; and
- only providing access to personal information to a person who is verified to be able to receive that information.
Accuracy and quality of Personal Information
We will take all such steps as are reasonable in the circumstances to ensure that all information requested from you is kept accurate, up to date and complete. However, We cannot undertake to ensure that such data, even where it includes personal information, is kept accurate, up to date and complete.
Please notify us if you believe We hold information that is outdated, inaccurate, misleading, irrelevant or incomplete so that it can be corrected. We will not charge you for a correction.
Access to your Personal Information
We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given.
We may charge you a fee to recover Our reasonable costs incurred by us in order to retrieve and provide your information, but in no case will We charge you a fee for your application for access.
In some cases, to the extent permitted by applicable law, We will refuse to give you access to personal information We hold about you. This includes, but is not limited to, circumstances where giving you access would be unlawful; have an unreasonable impact on other people’s privacy; prejudice an investigation of unlawful activity; reveal Our intentions in relation to negotiations with you so as to prejudice those negotiations; prejudice enforcement related activities conducted by, or on behalf of, an enforcement body; reveal evaluative information generated within the NACD organisation in connection with a commercially sensitive decision-making process.
To the extent permitted by applicable law, We will also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings. Further, to the extent permitted by applicable law, We will refuse access where your request is frivolous or vexatious, and where We reasonably believe that: giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; unlawful activity, or misconduct of a serious nature, is being or may be engaged in against NACD and giving access would be likely to prejudice the taking of appropriate action in relation to that matter.
If We refuse to give you access We will provide you with reasons for Our refusal, unless doing so would be unreasonable in the circumstances or reasons are not required to be given under the Privacy Act. We will also take reasonable steps to give you access in a way that meets your needs without giving rise to the reasons of Our refusal. Further, We will provide details of how you may make a complaint about Our decision.
Correction of your personal information
We will deal with all requests for correction of personal information as quickly as possible. Requests relating to a large amount of information, or information which is not currently in use, may require further time before a response can be given. If We refuse to change the personal information as you request, We will provide you with reasons for Our refusal, unless doing to would be unreasonable in the circumstances or reasons are not required to be given under the Privacy Act. We will also provide details of how you may make a complaint about Our decision. Further, in case of Our refusal, you may request that We take reasonable steps to associate, with the relevant information, a statement that you view it as inaccurate, out of date, incomplete or misleading.
In the case We have corrected personal information about you, you may request that We take reasonable steps to give notice of the correction to any third party to which We have disclosed the inaccurate, out of date, incomplete or misleading personal information.
Cross-border disclosure of personal information
To provide you with the best service possible, We may use ‘cloud’ based technology services to hold your data, including your Personal Information. As a consequence, your data, including your Personal Information (and if you have provided such information, your sensitive Personal Information) may be held in the data centres used by a provider of such ‘cloud’ based technology services.
It is important to note that, by using the Website, you consent to your data, including your Personal Information (and where applicable, your Sensitive Information) being transferred to data centres located outside of Australia and New Zealand. Your decision to use the Website also signals your consent to this technical arrangement under which NACD does not exercise any direct control over the management of your data in those data centres.
We may disclose your Personal Information to Our related or international entities for the purposes of operating Our business and providing you with Our services.
Where your Personal Information is provided overseas, then We will take all reasonable steps to ensure that the overseas party does not breach the Privacy Act.
Disposal of personal information no longer required
If We hold personal information about you, and We no longer need that information for any purpose for which the information may be used or disclosed, We will take reasonable steps to destroy or de-identify that information unless We are prevented from doing so by law.
Unsubscribing from Our email database
If you consider that your complaint has not been adequately dealt with by us, you can make a further complaint to the relevant regulatory authority, which has complaint handling responsibilities under the Privacy Act.
For further information about privacy in general, please refer to the Office of the Australian Information Commissioner’s Website: http://www.oaic.gov.au and the New Zealand Office of the Privacy Commissioner’s website: https://privacy.org.nz/.