This Policy is a public document and has been drafted having regard to Wattletree’ obligations under the Privacy Act 1988 (Privacy Act), including the Australian Privacy Principles.
1.1 Wattletree will only collect Personal Information where necessary for Wattletree to perform one or more of its functions or activities. In this context, ‘collect’ means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified.
1.2 Wattletree collects Personal Information primarily to supply organisations and individuals who obtain Wattletree with information and details of those services. Wattletree also collects and uses Personal Information for secondary purposes including:
provision of services;
optimisation of marketing activities;
business planning and service development;
1.3 Wattletree will notify individuals (including, but not limited to, our customers) of the matters listed below at the time of collecting any Personal Information:
the main reason that we are collecting Personal Information (this reason will be the Primary Purpose);
other related Uses or Disclosures that we may make of the Personal Information (Secondary Purposes);
our identity and how individuals can contact us, if this is not obvious;
that individuals can access the Personal Information that Wattletree holds about them;
that individuals should contact Wattletree (even if they are not a member or an employee of a member) if they wish to access or correct Personal Information collected by us or have any concerns in relation to Personal Information;
the organisations or types of organisations to whom we usually Disclose the Personal Information;
where applicable, any law that requires the Personal Information to be collected;
the consequences (if any) for the individual if all or part of the Personal Information is not provided to Wattletree.
1.4 Where it is not practicable for Wattletree to notify individuals of all of the Collection Information before the collection of Personal Information, Wattletree will ensure that individuals are notified of the Collection Information as soon as possible after the collection. Wattletree will provide “post collection notification” in those circumstances where it is not practicable to notify individuals about the collection of their personal information before it is collected.
1.5 Wattletree will not collect Sensitive Information from individuals except with express consent from the individual and only where it is necessary for Wattletree to collect such information for an activity or function.
1.6 Wattletree will not collect Personal Information secretly or in an underhanded way.
1.7 Wattletree will take steps to ensure that individuals on purchased lists are or have been notified of the information as outlined at 1.3.
2.1 Wattletree will obtain an individual’s consent for Use of non-sensitive Personal Information for Secondary Purposes at the time of collection, unless the Use is a related Secondary Purpose, which would be within the relevant individual’s Reasonable Expectations.
2.2 Wattletree Uses Personal Information primarily for the purposes listed in 1.2 above.
2.3 If Wattletree relies on the Direct Marketing exception to Direct Market to individuals it will ensure that:
individuals are clearly notified of their right to Opt Out from further Direct Marketing; and
if the individual Opts Out of all Direct Marketing the Opt Out will be respected by Wattletree and implemented free of charge.
2.4 Wattletree will not use Sensitive Information for Direct Marketing.
2.5 Wattletree may use Personal Information to avoid an imminent threat to a person’s life or to public safety. It may also use Personal Information for reasons related to law enforcement or internal investigations into unlawful activities.
2.6 Wattletree will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.
2.7 Wattletree will not attempt to match de-identified or anonymous data collected through surveys or such online devices as “cookies”, with information identifying an individual, without the consent of the relevant individual.
3.1 Wattletree may Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual.
3.2 Wattletree may Disclose Personal Information to unrelated third parties to enable outsourcing of functions where that Disclosure or Use is for a related Secondary Purpose and has been notified to individuals or where such Disclosure is within the individual’s Reasonable Expectations.
3.3 Wattletree will take reasonable steps to ensure that its contracts with third parties include requirements for third parties to comply with the Use and Disclosure requirements of the Privacy Act 1998.
3.4 In the rare event that Wattletree is required to disclose Personal Information to law enforcement agencies, government agencies or external advisors Wattletree will only do so in accordance with the Privacy Act or any other relevant Australian legislation.
3.5 Wattletree may Disclose Personal Information to avoid an imminent threat to a person’s life or to public safety.
3.6 If a Disclosure is not for a Primary Purpose; is not for a related Secondary Purpose; or upfront consent has not been obtained, Wattletree will not Disclose Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above.
3.7 Wattletree does not generally share its customer lists on a commercial basis with third parties but if it did, it would only do so if we had the appropriate consent of the individual involved.
- Information Quality
4.1 Wattletree will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.
4.2 Wattletree will take steps to destroy or de-identify Personal Information after as short a time as possible and after a maximum of seven years, unless the law requires otherwise.
- Information Security
5.1 Wattletree requires employees and contractors to perform their duties in a manner that is consistent with Wattletree’s legal responsibilities in relation to privacy.
5.2 Wattletree will take all reasonable steps to ensure that paper and electronic records containing Personal Information are stored in facilities that are only accessible by people within Wattletree who have a genuine “need to know” as well as “right to know”.
5.3 Wattletree will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained.
5.4 Wattletree conduct training and reviews of our compliance with these Principles.
5.5 Employees who violate these Principles may be subject to disciplinary action, up to and including dismissal.
- Access and Correction
6.1 Wattletree will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act.
6.2 Wattletree will correct its records containing Personal Information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.
6.3 Individuals wishing to lodge a request to access and/or correct their Personal Information should do so by contacting Wattletree, as per the details on the back of this document.
6.4 Wattletree will not normally charge a fee for processing an access request unless the request is complex or is resource intensive.
7.1 Contact with Wattletree via phone or web inquiry will be the first point of contact for inquiries about privacy issues.
7.2 Any formal privacy related complaints should be directed in writing via email at email@example.com or writing to the Wattletree Privacy Officer c/o Mayflower Consulting, Level 12, Plaza Building, Australia Square, 95 Pitt Street, Sydney, NSW 2000, Australia.
7.3 Our Privacy Office will provide an initial response to privacy queries or complaints within 10 business days, and
investigate and attempt to resolve queries or complaints within 30 business days or such longer period as is necessary and notified to you by our Privacy Officer.
- Anonymous Transactions
8.1 Wattletree will not make it mandatory for visitors to its web sites to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. Wattletree may however request visitors to provide Personal Information voluntarily to Wattletree (for example, as part of a competition or questionnaire).
8.2 Wattletree will allow its customers to transact with it anonymously wherever that is reasonable and practicable.
- International Disclosure
9.1 Wattletree does not generally send information overseas.
9.2 Wattletree is unlikely to disclose Personal Information to overseas recipients, however may from time to time require access to overseas, third-party services required to support core business activities. These third parties include (but are not limited to) Ontraport, Typeform, Twitter and Google and may not be subject to the Privacy Act.
9.3 If Wattletree wishes to disclose any Personal Information or Consumer & Business Data to overseas recipients, Wattletree will take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the APPs (excluding APP 1) except as otherwise required, authorised or permitted by the law.
- Notice and Processing
10.1 Where it is not apparent from the products or services you require or the nature of your relationship with us, we will tell you how your personal data will be processed.
10.2 We will process your personal data fairly and only for those purposes we have told you, for purposes permitted by you or as permitted by applicable law.
10.3 In addition, you may object to certain types of processing as expressly permitted by applicable law.
11.1 We give customers the option of having their personal data included or removed from lists used for marketing as required by applicable law.
12.1 If you have a complaint that we have breached these Principles and have attempted in good faith to resolve the complaint through our customer service process or employee complaints process, but the complaint was not resolved by us within a reasonable amount of time, then you may enforce these Principles against us.
12.2 If you complain to your local data protection authority and the data protection authority finds that we have breached these Principles, we will abide by the findings of the data protection authority, but we reserve the right to challenge or appeal such findings.
12.3 These Principles do not affect any rights you have under applicable law, the requirements of any applicable regulatory data protection authority, or any other type of agreement that you may have with us.
Collection Information means the information outlined in 1.3 notified to individuals prior to, or as soon as practical after, the collection of their Personal Information.
Direct Marketing means the marketing of goods or services through means of communication including written, verbal or electronic means. The goods or services which are marketed may be those of Wattletree or a Related Body Corporate or those of an independent third party organisation.
Disclosure generally means the release of information outside Wattletree, including under a contract to carry out an “outsourced function”.
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion.
Primary Purpose is the dominant or fundamental reason for information being collected in a particular transaction.
Reasonable Expectation means a reasonable individual’s expectation that their personal information might be Used or Disclosed for the particular purpose.
Sensitive Information means information or an opinion about an Individual’s:
racial or ethnic origin; or
membership of a political association; or
religious beliefs or affiliations; or
philosophical beliefs; or
membership of a professional or trade association; or
membership of a trade union; or sexual preferences or practices; or
criminal record; that is also personal information; or
health information about an individual.
Use means the handling of Personal Information within Wattletree.
- Policy Updates
This policy may be updated from time to time – Wattletree reserves the right to change this Policy at any time, and any amended Policy is effective upon posting to this Website. Wattletree will make every effort to communicate any significant changes to You via email or notification via the Service. Your continued use of the Service will be deemed acceptance of any amended Policy.
- Contacting Wattletree
Wattletree c/o Mayflower Consulting, Level 12, Plaza Building, Australia Square, 95 Pitt Street, Sydney NSW 2000, Australia.