Privacy Policy. Cabcharge will only collect personal information which is necessary for the operation of its business.

Similar documents
AIA Australia Limited

PRIVACY POLICY DOT DM Corporation Commonwealth of Dominica cctld (.dm)

Privacy in relation to VET Student Loans

Policies and Procedures

PRIVACY POLICY. 1. OVERVIEW MEGT is committed to protecting privacy and will manage personal information in an open and transparent way.

Privacy Policy. This Privacy Policy sets out the Law Society's policies in relation to the management of Personal Information.

PRIVACY Policy. 1. Policy Statement. 2. Purpose. 3. Policy

The Privacy Policy links to the following Objective contained within the City Plan

Privacy. Purpose. Scope. Policy. Appendix A

University of Wollongong

Information Privacy Act 2000

A guide to the new privacy landscape for the Commonwealth Government

Privacy Guidelines. 1. Introduction

QRME Australian Privacy Principles (APP) Policy

Telecommunications Information Privacy Code 2003

Implications of changes to the Privacy Act 1988 for the market and social research industry

PRIVACY MANAGEMENT PLAN

Health Records and Information Privacy Act 2002 No 71

General Rules on the Processing of Personal Data SCHEDULE 1 DATA TRANSFER AGREEMENT (Data Controller to Data Controller transfers)...

SAINT CHRISTOPHER AND NEVIS STATUTORY RULES AND ORDERS. No. 47 of 2011

MAKING A PUBLIC INTEREST DISCLOSURE: POLICY AND PROCEDURE

SCHEDULE 1 DATA TRANSFER AGREEMENT (Data Controller to Data Controller transfers)... 16

ARTICLE 29 Data Protection Working Party

SUBSIDIARY LEGISLATION DATA PROTECTION (PROCESSING OF PERSONAL DATA IN THE POLICE SECTOR) REGULATIONS

Australian Football Member Protection Policy August 2013

House Standing Committee on Social Policy and Legal Affairs

Credit Ombudsman Service. Guidelines to the. Credit Ombudsman Service Rules

Whistleblowers Protection Act 1994

Cybercrime Legislation Amendment Bill 2011

Health Information Privacy Code 1994

APPENDIX. 1. The Equipment Interference Regime which is relevant to the activities of GCHQ principally derives from the following statutes:

Law Enforcement processing (Part 3 of the DPA 2018)

Nestlé Canada Inc. Privacy Policies and Practices April 13, 2012

ANTI-BRIBERY POLICY AND PROCEDURES

Canadian Anti-Doping Program Privacy and Personal Information Policy. processed by the CCES in the course of administrating and implementing the CADP.

Analysis of the Workplace Surveillance Bill 2005

Lex Mundi Data Privacy Guide: Focus on the Asia/Pacific Region

ACCESS AND PRIVACY POLICY

Code of Practice Issued Under Section 377A of the Proceeds of Crime Act 2002

Client Service Agreement

Investigatory Powers Bill

[To be published in THE GAZETTE OF INDIA, EXTRAORDINARY, Part II, Section 3, Sub-section (i) of dated the , 2011]

Yr Adran Plant, Addysg, Dysgu Gydol Oes a Sgiliau Department for Children, Education, Lifelong Learning and Skills

1 October Code of CONDUCT

THE PROCESSING OF PERSONAL DATA (PROTECTION OF INDIVIDUALS) LAW 138 (I) 2001 PART I GENERAL PROVISIONS

Condominium Management Regulatory Authority of Ontario Access and Privacy Policy

2. Definitions Bullying: the persistent and ongoing ill treatment of a person that victimises, humiliates, undermines or threatens that person.

Releasing personal information to Police and law enforcement agencies: Guidance on health and safety and Maintenance of the law exceptions

EUROPEAN COMMISSION DIRECTORATE-GENERAL JUSTICE. Commission Decision C(2010)593 Standard Contractual Clauses (processors)

SUPPLIER DATA PROCESSING AGREEMENT

PROTECTION OF PERSONAL INFORMATION ACT NO. 4 OF 2013

LISTENING DEVICES ACT, 1984, No. 69

What Is Criminal Intelligence?

National Framework for Ethical Behaviour and Integrity in Basketball. Date adopted by BA Board 3 April 2017

Federal Act on Data Protection (FADP) Section 1: Aim, Scope and Definitions

B I L L. No. 30 An Act to amend The Freedom of Information and Protection of Privacy Act

.nz REGISTRAR AUTHORISATION AGREEMENT

Mandatory data breach reporting comes to Australia new notification requirements under the Privacy Act (2018) 15(4) PRIVLB 54

Surveillance Devices Act 2007 No 64

Investments, Life Insurance & Superannuation Terms of Reference

CORPORATE COMPLAINT HANDLING OPERATING GUIDELINE (INCLUDING SECTION 270 INTERNAL REVIEW OF COUNCIL DECISIONS OR GRIEVANCES)

The Health Information Protection Act

Road Transport (Driver Licensing) Act 1998 No 99

Financial Services Tribunal Rules 2015 (as amended 2017 and 2018)

Children and Young Persons (Care and Protection) Act 1998 No 157

PROJET DE LOI ENTITLED. The Data Protection (Bailiwick of Guernsey) Law, 2017 ARRANGEMENT OF SECTIONS PART I PRELIMINARY

Treasury Laws Amendment (Putting Consumers First Establishment of the Australian Financial Complaints Authority) Bill 2017 No.

Tertiary Education Quality and Standards Agency Act 2011

CORPORATE GOVERNANCE & PUBLIC INTEREST DISCLOSURE

Appointment of a migration agent or exempt agent or other authorised recipient

Protection of Movable Cultural Heritage Act 1986

Public Interest Disclosures Procedure

Official Gazette No. 55 issued on 8 May Data Protection Act. of 14 March 2002

Imported Food Control Act 1992

FREEDOM OF INFORMATION

The Hon Justice Peter McClelland AM Royal Commission into Institutional Responses to Child Sexual Abuse GPO Box 5283 Sydney NSW 2001 Australia

Data protected. A report on global data protection laws in 2015.

Freedom of Information Policy, Procedures and Requests

PRIVACY ACT 1993 SECTION ONE INTRODUCTION...3

Security and Investigation Agents Act 1995

PART A APPLICANT S DETAILS AND DECLARATION. 1. Mortgage Intermediary name. 2. Mortgage Intermediary is (please tick appropriate):

Charities & Not-for-Profits Overview of Data Protection Law

the general policy intent of the Privacy Bill and other background policy material;

Department of Natural Resources and Mines. Personal Identification Information in Property Data Code of Conduct

DISCIPLINARY PROCEDURE FOR TEACHERS INCLUDING PRINCIPALS AND VICE-PRINCIPALS IN GRANT-AIDED SCHOOLS WITH FULLY DELEGATED BUDGETS

Legislative Brief The Information Technology (Amendment) Bill, 2006

Data Protection Policy and Procedure

3RD SESSION, 41ST LEGISLATURE, ONTARIO 67 ELIZABETH II, Bill 14. An Act with respect to the custody, use and disclosure of personal information

DATA MATCHING AGREEMENTS ACT 1 B I L L

The Rental Exchange. Contribution Agreement for Rental Exchange Database. A world of insight

PDF Agreement: Product Development Forum Terms

Proper Handling of Data Correction Request by Data Users 1

Data Protection Act 1998

Immigration Advisers Authority

Financial Dispute Resolution Service (FDRS)

STATUTORY INSTRUMENTS. S.I. No. 110 of 2019

General Business Conditions Commerzbank AG DIFC Branch

CODE OF CONDUCT FOR EMPLOYEES

Child Protection Legislation Amendment (Children s Guardian) Act 2013 No 31

Regulatory enforcement proceedings

Transcription:

Privacy Policy Cabcharge Australia Limited ( Cabcharge ) is subject to the Australian Privacy Principles pursuant to the Privacy Act 1988 as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012. Our Privacy Statement describes how Cabcharge protects the privacy of any of your personal information in accordance with the Australian Privacy Principles. 1. COLLECTION Cabcharge will only collect personal information which is necessary for the operation of its business. Cabcharge will only collect such information by lawful and fair means and not in an unreasonably intrusive way. At or before the time (or, if that is not practicable, as soon as practicable after) Cabcharge collects personal information about an individual from the individual, Cabcharge will take reasonable steps to ensure that the individual is aware of: a) the identity of the organisation and how to contact it; and b) the fact that he or she is able to gain access to the information; and c) the purposes for which the information is collected; and d) the organisations (or the types of organisations) to which Cabcharge usually discloses information of that kind; and e) any law that requires the particular information to be collected; and f) the main consequences (if any) for the individual if all or part of the information is not provided. If it is reasonable and practicable to do so, Cabcharge will only collect personal information about an individual from that individual. If Cabcharge collects personal information about an individual from someone else, it will take reasonable steps to ensure that the individual is or has been made aware of the matters listed above except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual. Page 1

2. PURPOSE OF INFORMATION Cabcharge will collect and use personal information to provide services to you and to administer those services. Cabcharge may also use information to develop new products and services, attend to your enquiries, seek feedback, or tell you about other products or services offered by Cabcharge and its related companies. Cabcharge may also seek personal information for legal reasons such as compliance with legislation (for example Anti-Money Laundering legislation). 3. USE & DISCLOSURE Cabcharge will not use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose of collection unless: a) both of the following apply: i. the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection; ii. the individual would reasonably expect Cabcharge to use or disclose the information for the secondary purpose; or b) the individual has consented to the use or disclosure; or c) if the information is not sensitive information and the use of the information is for the secondary purpose of direct marketing: i. it is impractical for Cabcharge to seek the individual s consent before that particular use; and ii. Cabcharge will not charge the individual for giving effect to a request by the individual to Cabcharge not to receive direct marketing communications; and iii. the individual has not made a request to Cabcharge not to receive direct marketing communications; and iv. in each direct marketing communication with the individual, Cabcharge draws to the individual s attention, or prominently displays a notice, that he or she may express a wish not to receive any further direct marketing communications; and v. each written direct marketing communication by Cabcharge with the individual (up to and including the communication that involves the use) sets out Cabcharge s business address and telephone number and, if the communication with the individual is made by fax, telex or other electronic means, a number or address which Cabcharge can be directly contacted electronically; or d) if the information is health information and the use or disclosure is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety: i. it is impractical for Cabcharge to seek the individual s consent before the use or disclosure; and ii. the use or disclosure is conducted in accordance with guidelines approved by the Commissioner under section 95A for the purposes of this subparagraph; and iii. in the case of disclosure Cabcharge reasonably believes that the recipient of the health information will not disclose the health information, or personal information derived from the health information; or Page 2

e) Cabcharge reasonably believes that the use or disclosure is necessary to lessen or prevent: i. a serious and imminent threat to an individual s life, health or safety; or ii. a serious threat to public health or public safety; or f) Cabcharge has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or g) the use or disclosure is required or authorised by or under law; or h) Cabcharge reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body: i. the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; ii. the enforcement of laws relating to the confiscation of the proceeds of crime; iii. the protection of the public revenue; iv. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; v. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal. If Cabcharge uses or discloses personal information under paragraph (h), it must make a written note of the use or disclosure. The above operates in relation to personal information that Cabcharge has collected from a related body corporate as if Cabcharge s primary purpose of collection of the information were the primary purpose for which the related body corporate collected the information. 4. KIND OF INFORMATION Cabcharge will only seek personal information relevant to its business relationship with you. When you apply for a Cabcharge Account, Cabcharge may request information that identifies you and information about your financial position and history. In most cases and where possible personal information about an individual will be collected directly from that individual. The most common way Cabcharge collects personal information is from Account Application forms. 5. DATA QUALITY Cabcharge will take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date. 6. DATA SECURITY Cabcharge will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure. Cabcharge will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under Australian Privacy Principles. Page 3

7. OPENNESS On request by a person, Cabcharge will take reasonable steps to let the person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses and discloses that information. 8. ACCESS & CORRECTION If Cabcharge holds personal information about an individual, it will provide the individual with access to the information on request by the individual, except to the extent that: a) in the case of personal information other than health information providing access would pose a serious and imminent threat to the life or health of any individual; or b) in the case of health information providing access would pose a serious threat to the life or health of any individual; or c) providing access would have an unreasonable impact upon the privacy of other individuals; or d) the request for access is frivolous or vexatious; or e) the information relates to existing or anticipated legal proceedings between Cabcharge and the individual, and the information would not be accessible by the process of discovery in those proceedings; or f) providing access would reveal the intentions of Cabcharge in relation to negotiations with the individual in such a way as to prejudice those negotiations; or g) providing access would be unlawful; or h) denying access is required or authorised by or under law; or i) providing access would be likely to prejudice an investigation of possible unlawful activity; or j) providing access would be likely to prejudice: i. the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or ii. the enforcement of laws relating to the confiscation of the proceeds of crime; or iii. the protection of the public revenue; or iv. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or v. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; vi. by or on behalf of an enforcement body; or k) an enforcement body performing a lawful security function asks Cabcharge not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia. Page 4

However, where providing access would reveal evaluative information generated within Cabcharge in connection with a commercially sensitive decision-making process, Cabcharge may give the individual an explanation for the commercially sensitive decision rather than direct access to the information. If Cabcharge is not required to provide the individual with access to the information because of one or more of paragraphs above, Cabcharge must, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties. If Cabcharge charges for providing access to personal information, those charges: a) must not be excessive; and b) must not apply to lodging a request for access. If Cabcharge holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, Cabcharge will take reasonable steps to correct the information so that it is accurate, complete and up-to-date. If the individual and Cabcharge disagree about whether the information is accurate, complete and up-to-date, and the individual asks Cabcharge to associate with the information a statement claiming that the information is not accurate, complete or up-to-date, Cabcharge will take reasonable steps to do so. Cabcharge will provide reasons for denial of access or a refusal to correct personal information. 9. IDENTIFIERS Cabcharge will not adopt as its own identifier of an individual an identifier of the individual that has been assigned by: a) an agency; or b) an agent of an agency acting in its capacity as agent; or c) a contracted service provider for the Commonwealth contract acting in its capacity as contracted service provider for that contract. However, the above does not apply to the adoption by a prescribed organisation of a prescribed identifier in prescribed circumstances. Cabcharge will not use or disclose an identifier assigned to an individual by an agency, or by an agent or contracted service provider mentioned above, unless: a) the use or disclosure is necessary for the organisation to fulfil its obligations to the agency; or b) one or more of paragraphs under heading 3, numbers e) to h) (inclusive) apply to the use or disclosure; or c) the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances. Page 5

In this clause: identifier includes a number assigned by an organisation to an individual to identify uniquely the individual for the purposes of the organisation s operations. However, an individual s name or ABN is not an identifier. 10. ANONYMITY Wherever it is lawful and practicable, individuals will have the option of not identifying themselves when entering into transactions with Cabcharge. 11. TRANSBORDER DATA FLOWS Cabcharge is not likely to disclose personal information to overseas recipients. Cabcharge may transfer personal information about an individual to someone (other than to Cabcharge or the individual) who is in a foreign country only if: a) Cabcharge reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the Australian Privacy Principles; or b) the individual consents to the transfer; or c) the transfer is necessary for the performance of a contract between the individual and Cabcharge, or for the implementation of pre-contractual measures taken in response to the individual s request; or d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between Cabcharge and a third party; or e) all of the following apply: i. the transfer is for the benefit of the individual; ii. it is impracticable to obtain the consent of the individual to that transfer; iii. if it were practicable to obtain such consent, the individual would be likely to give it; or f) Cabcharge has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles. 12. SENSITIVE INFORMATION Cabcharge will not collect sensitive information about an individual unless: a) the individual has consented; or b) the collection is required by law; or c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns: i. is physically or legally incapable of giving consent to the collection; or ii. physically cannot communicate consent to the collection. 13. COMPLAINTS If you believe that Cabcharge has not complied with its obligations concerning your personal information, you should contact Cabcharge and lodge a complaint. Page 6

Cabcharge will investigate your complaint and attempt to resolve any breach that may have occurred in relation to the collection, use or destruction of your personal information held by Cabcharge in accordance with the Privacy Act 1988 and related legislation. If you are not satisfied with the outcome of the investigation you can lodge a privacy complaint externally by contacting the Office of the Australian Information Commissioner on 1300 363 992. Page 7