1. Rose Tan (ABN 12988172377) is committed to managing your personal information openly and transparently and to keeping your personal information safe. We will take all necessary measures to fulfil this commitment, including to:
(a) comply with the Australian Privacy Principles (APPs);
(b) ensure that we manage your personal information openly and transparently;
(c) only collect personal information from you that we need in order to fulfil your request and offer you the best possible service and customer experience;
(d) tell you how we might use your personal information;
(e) let you know if we need to disclose your personal information to anyone else (including anyone overseas) and if so, in what circumstances this might occur;
(f) keep your personal information secure;
(g) respond promptly and appropriately to any incident where your personal information may be compromised, including where your personal information is lost, or subject to unauthorized access, modification, use or disclosure or other misuse;
(h) promptly respond to any request by you not to receive direct marketing material from us;
(i) make sure your personal information is kept accurate and up to date and to properly dispose of any personal information which is no longer required by us; and
(j) ensure that, where appropriate, you can access and correct your personal information.
About this Policy:
2. This policy is intended to explain clearly and in plain language some of the key processes and procedures that we have implemented to manage your personal information, to protect your privacy and to comply with the Privacy Act 1988 (Act) and the APPs.
3. References to “I”, “our” “us” and “we” in this policy are references to Rose Tan and all related entities.
4. This policy gives a broad overview of our policies in relation to privacy and the handling of your personal information but if you require further information, you are welcome to contact us or to read any of the privacy statements or notices that will be issued to you as and when personal information is collected.
What sorts of personal information do we collect?
6. We will only collect from you information that is necessary and relevant to our relationship with you, including to enable us to fulfil your request and provide to you the best possible customer experience.
7. Depending on the exact nature of our relationship with you and the type of services you request from us, we may request that you provide some or all of the following information:
a) information that we may require to initially identify you, including your name;
b) information that we can use to contact you, including your email address, telephone number, mobile number and your address; and
c) information for processing payment, being your credit card details.
8. The information we require from you will depend on the specific services that we are providing to you. We will only collect personal information from you that we reasonably require in order to satisfactorily perform the services that you require from us.
9. The Act places restrictions on us collecting sensitive information about you (which includes information about your religion, political views, ethnicity, criminal records and sexual preferences). Generally we will not collect this type of information, however we may need to collect some sensitive information if you are attending retreat or workshops with us and you have provided your consent to do so.
Why do we require your personal information?
10. There are various reasons why we might need to collect, hold, use or disclose your personal information and this will depend upon the specific services that we are providing to you but we will tell you the main reason for asking for your personal information at the time when we ask you to provide it.
11. Usually, the main reason that we will need to collect your personal information will be relating to a service that we are providing to you or are about to provide to you and for contacting you in relation to those services. Our main reason for collecting your personal information revolve around the processing of any orders you have placed with us for services.
12. We may also use your personal information for other reasons, including:
(a) to contact you in relation to an event, special offer or service that you might be interested in;
(b) preventing fraud and other criminal activities;
(c) to assist us to run our business and to improve our products, services and performance, including staff training, accounting, risk management, record keeping, archiving, systems development, developing new products and services and undertaking planning, research and statistical analysis; and
(d) to comply with our legal obligations.
13. There is no obligation for you to provide us with any of your personal information but if you choose not to provide us with your personal information, we may not be able to provide the information or services that you require.
How do we collect your personal information?
14. The means by which we collect your personal information will depend on the nature of the services that we are providing to you.
15. We may collect your personal information:
(a) directly from you, either in person, via email or over the phone;
(b) when you complete a form on our website or social media platforms to receive newsletters from us; or
(c) from publicly available sources, for example, the electoral role, the telephone directory or from third party websites.
16. We will always collect your personal information directly from you unless it is impracticable to do so.
Collecting and disclosing personal information about others:
17. Wherever possible, we will collect personal information directly from the relevant individual to whom that information relates.
18. You represent and warrant to us that where you provide personal information to us about another person:
(a) you are authorised to provide that information to us;
(b) you have obtained the express consent of the individual to disclose their personal information to us for the use of that personal information by us, including for the purposes outlined in this policy;
(c) you have complied with the Privacy Act, including the APPs in collecting that personal information, including by making all relevant notifications required under APP 5 and specific to our use of the personal information; and
Unsolicited personal information:
How do we use or disclose your personal information?
20. We may use and disclose your personal information for the purposes for which it was collected or for a related purpose such as:
(a) to consider your request for a service;
(b) to enable us to provide services to you;
(c) to carry out, or respond to, your requests;
(d) to our third party service providers, including to assist us in providing, and improving, our services to you, and to analyse market trends and better understand your needs or to develop, improve and market our products and services to you;
(e) for regulatory reporting and compliance with our legal obligations;
(f) to relevant third parties to undertake fraud checks;
(g) to various regulatory bodies and law enforcement officials and agencies to protect against fraud and for related security purposes;
(h) to perform administrative and operational tasks (including risk management, systems development and testing, staff training and collecting debts);
(i) to use in direct marketing of promotions, products and services that we, or our third party service providers, think may be of interest to you;
(j) to seek your feedback in relation to particular services, customer satisfaction and our relationship with you and to manage any customer complaints;
(k) to companies or entities related to us for any of the purposes referred to in this policy;
(l) to monitor or improve the quality and standard of the services that we provide to you;
(m) to consider any concerns or complaints you may raise against us;
(n) to our agents, successors and/or assigns;
(o) to notify you of offers that may be of interest to you; and
(p) to better understand your preferences.
Do we share your personal information with others?
27. Wherever possible, we will limit the information provided to independent third parties to that information required for those third parties to properly perform their functions.
Do we use your personal information for marketing purposes?
28. As part of the services that we provide to you, we may:
(a) use personal information that we have collected about you to identify a product or service that may benefit you;
(b) contact you from time to time to let you know about a product or service that we believe you might be interested in; and
(c) disclose your personal information to any third parties or to any entities or companies related to us to enable them to tell you about a product or service that you might be interested in.
29. Where we intend to use your personal information for direct marketing purposes, we will seek your consent to do so prior to using your personal information. You can opt-out, unsubscribe or make a request not receive direct marketing communications from us, via email email@example.com. Additionally, each direct marketing communication will include an opt-out or “unsubscribe” option which will immediately indicate to us that you no longer wish to receive communications of this kind.
30. You may make a request that we do not disclose your personal information to facilitate direct marketing by another organisation and you may request that we provide you with the source of any personal information we use for direct marketing purposes. Any such requests will be actioned within a reasonable period of time and there will be no charges to you for making, or to you from us actioning, such requests.
How do we store your personal information?
31. We have implemented appropriate processes and techniques to protect personal information from loss, misuse and interference and from unauthorised access, modification or disclosure. In addition, access to your personal information is limited to those who specifically need it to conduct their responsibilities.
32. We take all necessary steps to destroy or permanently de-identify your personal information where it is no longer required and to protect your personal information from loss, misuse and interference and from unauthorised access, modification or disclosure.
33. While care is taken to protect your personal information, unfortunately no data transmission over the internet is guaranteed as 100% secure. Accordingly, we cannot ensure or warrant the security of any information you send to us or receive from us online. This is particularly true for information you send to us via email as we have no way of protecting that information until it reaches us. Once we receive your personal information, we are required to protect it in accordance with the Act.
What if there is a breach in relation to my personal information?
34. We take breaches of your privacy very seriously. In the event that there is a data breach relating to personal information that we hold about you, such as loss of, unauthorised access to, or unauthorised disclosure of, the information (Data Breach), we will take immediate steps to contain and remedy any effects of the Data Breach in accordance with our Data Breach Response Plan. Where required under the Act, we will notify both you and the Office of the Australian Information Commissioner (OAIC) of the Data Breach.
Maintaining your personal information
35. We take reasonable steps to ensure that:
(a) the information that we collect about you is accurate, complete and up-to-date at the time of collection;
(b) when we use your personal information, it is accurate, up-to-date, complete and accurate at the time of use; and
(c) if we disclose your personal information, it is accurate, up-to-date, complete and accurate at the time of disclosure.
36. You warrant that all information that you provide to us is accurate, complete and up to date at the relevant time.
Will we disclose your personal information to anyone overseas?
37. There may be circumstances where we need to disclose your personal information to a third party overseas (Overseas Recipient). This may occur, for example, where we have a database or server hosted outside Australia or host an event overseas.
38. Prior to disclosing your personal information to an Overseas Recipient, APP 8.1 requires that we will take all reasonable steps to ensure that the third party recipient of your information complies with the APPs (other than APP 1) in relation to your information, or that the third party recipient is bound by laws that offer you at least as much protection as the APPs and that you are able to enforce your rights under those international laws in the event of any breach unless an exception applies (the Overseas Disclosure Obligations).
39. We will take all reasonable steps to satisfy our Overseas Disclosure Obligations.
How can you access your personal information?
40. Usually we will be able to provide you with access to your personal information upon receipt of your written request, by email sent to firstname.lastname@example.org with confirmation of your identity. There are some limited circumstances in which we may not be able to provide you with access to your personal information when requested. Such circumstances might include where access would pose a serious threat to the life, health or safety of another person or where such access would unreasonably impact on the privacy of others.
41. Where you request access to your personal information, we will respond to any such request in accordance with the Act.
42. We may recover from you our reasonable costs of supplying you with access to your personal information but we will not charge you for any request you might make to access your information.
How can you seek to correct your personal information?
43. We do what we can to ensure that the information we hold about you is accurate, complete, up-to-date, relevant and not misleading in accordance with this policy. To assist us to do this, it is imperative that you provide us with correct information at the time you provide it to us and immediately inform us if any of the information changes at any time. You may make a request that we correct any of your information. We would prefer your request to be in writing.
44. We will respond to any requests regarding the correction of your personal information within a reasonable period after the request is made and in accordance with the Act.
45. We will not charge you for any request to correct your personal information, nor will we pass on to you any costs incurred by us in correcting your personal information or for associating a statement with your personal information.
What if you want to make a complaint about some aspect of our privacy procedures?
46. We are committed to maintaining and protecting your privacy but it is possible that in limited circumstances, mistakes might be made. If you are concerned with the way your personal information has been handled then you are entitled to make a complaint. If you would like to lodge a complaint, please email email@example.com.
47. If your personal information has not been handled in an appropriate way, we will do our best to remedy your concerns as quickly as possible.
48. If your complaint is not satisfactorily resolved, you may approach an external dispute resolution service or apply to the OAIC to have the complaint heard and determined.
Protecting your identity:
49. Wherever it is practicable, we will always provide you with the option not to identify yourself when dealing with us. Alternatively, you may elect to use a pseudonym to protect your identity.
Changes and exemptions to this policy:
How can you contact us?
52. Please find below our contact details. Please do not hesitate to contact us in relation to any privacy-related concerns and we will use our best endeavours to address any such concerns thoroughly and in a timely manner. Email firstname.lastname@example.org. If it is practical to do so, you can contact us without identifying yourself. However, if you choose not to identify yourself, it may be more difficult for us to assist you with your enquiry. This will depend on the nature of your enquiry.
Express consent to collection, storage, use and disclosure:
55. On and from 25 May 2018, the General Data Protection regulation (GDPR) regulates the processing of personal information under European Union (EU) law. Our collection, use, disclosure and processing of your personal information is regulated by the GDPR if:
(a) we offer products or services to you whilst you are located in the EU; or (b) we monitor your behaviour whilst you are located in the EU.
56. If one or more of the above applies, then in addition to what is set out above in this policy, the following applies to you.
What personal information do we collect?
57. Please refer to paragraphs 7- 9 of this policy for details of the personal information we collect.
Why is your personal information being collected?
58. The purposes for which we may collect your personal information are specifically outlined in paragraphs 10-12 and 20.
59. For personal information collected about you in the EU, our basis for processing the personal information may be one or more the following:
(a) to fulfil a contract we have with you (which includes acting on instructions you give us before entering into a contract);
(b) to comply with a law (not including contractual obligations);
(c) where you have given clear consent, for us to process your personal information for a specific purpose;
(d) for the purposes of our legitimate interests or the legitimate interests of a third party unless there is a good reason to protect your personal information which overrides these legitimate interests.
60. By way of an example, and without being exhaustive:
(a) if you have contacted us, we need to process your information to respond to your request and therefore have a legitimate interest in processing this information;
(b) we need to process information about you as necessary to enter into or perform a contract with you, including to process purchases of our services;
(c) if you have provided us with your consent, we need to process personal information for marketing and sales activities based on your consent;
(d) we need to process your information for our legitimate interest in analysing, developing, improving and optimising our systems, processes and services, and to maintain the security of our networks and systems;
(e) we need to process your information to comply with applicable laws and regulations, being for example to comply with a subpoena or other legal processes.
Do we make use of your personal information to make automated decisions?
61. We may make use of a number of automated processes in providing our services to you using your personal information to provide an efficient and effective customer experience. An automated process is decision based on information we have about you that does not involve any human intervention.
62. The types of automated processes we are likely to use include purchasing / behaviour triggered EDMs and basic profiling algorithms within the CMS (as examples).
What are your rights?
63. You have the following rights in respect of the personal information we hold about you:
(a) You have the right to be informed about how your personal information is being collected and used. Where we rely on your consent to process your personal information, you have a right to withdraw that consent. If you withdraw consent, we may not be able to provide certain services to you.
(b) You can access your personal information that we hold about you.
(c) You have the right to question any personal information we have about you that is inaccurate or incomplete. If you do, we will take reasonable steps to check the accuracy and correct it.
(d) You have the right to ask us to delete your personal information if there is no need for us to keep it.
(e) You have the right to ask us to restrict our use of your personal information in some circumstances.
(f) In some circumstances, you have the right to request that we provide you with a copy of the personal information you have provided to us in a format that can be easily reused.
(g) In some circumstances, you have the right to object to us processing your personal information.
(h) You have the right to ask that we not use automated processes in relation to your personal information. You also have the right to object to an automated decision, and ask that a person reviews it.
(i) You have the right to complain to the regulator if you are not happy with the outcome of a complaint.