Consent is voluntary agreement with what is being done or proposed. Consent can be either express or implied. Express consent is given explicitly, either orally or in writing. Express consent is unequivocal and does not require any inference on the part of the organization seeking consent. Implied consent arises where the consent may reasonably be inferred from the action or inaction of the individual.
You indicated that your organization does not collect any sensitive or potentially sensitive information. In the future, if your organization decides to collect sensitive or potentially sensitive information you should always make sure you get express consent from your customer. In other words, you must ask the customer directly if they consent to you collecting the information and/or disclosing the information to another organization. For example, if you collect financial information for a credit check, have the customer sign an application form that states that you will disclose the information to a credit reporting agency and that the customer consents to this.Express consent should be used whenever possible and in all cases when the personal information is considered sensitive.
You indicated your organization does not collect any information to complete a sale or other transaction, verify a customer’s credit, place a special order for a customer, arrange for a delivery, or process a return. If in the future your organization decides to collect this information, remember that so long as the information collected is necessary to complete one of the actions listed above, you can assume the customer has consented when he or she provides you with the information. (This is called “implied consent”).
You can’t refuse to complete a transaction if the customer refuses to consent to the collection of information that isn’t necessary to complete the transaction.
If you decide later to use this information for another purpose, you have to go back and get the customer’s consent.
You collect the following information for secondary purposes, such as marketing, administering a customer loyalty program, or customer relationship management:
In these circumstances, you have to give the customer an opportunity to tell you they don’t want you to use their information for that purpose. This is called an “opt-out”.
Opt-outs must be clear, easy to understand and easy for the customer to do. You can have an opt-out box on a paper-based or web application form, for example, that tells customers that if they don’t want to receive promotional material in the mail, just check here. You may want to let the customer know what they’ll be missing – special deals and new product information, for example – but don’t minimize, hide or obscure the opt-out. And don’t make it complicated, like requiring the customer to call a special phone number between certain hours. The point is to let the customer decide.
EMPLOYEE ACCESS TO CUSTOMER INFORMATION
You indicated that there are no employees in your organization who see or process information unnecessarily. This is a good practice. By limiting the number of people who view or process information you reduce the risk of inappropriate use or disclosure.
STORAGE OF PERSONAL INFORMATION: PAPER FILES
You indicated your organization does not keep any information in paper files.
In the future, if you do plan to store personal information in paper files, it is extremely important to take all measure possible in order to safely store your customer’s personal information. You should protect those files by moving them to:
A locked cabinet
A restricted area
An area with an alarm system
STORAGE OF PERSONAL INFORMATION: ELECTRONIC FILES
The following includes the types of information you may store in electronic files:
It is extremely important to take all measures possible in order to safely store your customer’s personal information. Try the following methods to protect those files by using:
Encrypted data files
Encrypted personal information that is sent or received over the Internet (by email or through web forms, for eg.)
Electronic audit trails that identify who has access information
Keeping backup files in a locked cabinet
Be especially careful with laptops, USB keys and electronic wireless devices. These types of devices can potentially store a large quantity of your customer’s personal information. All of these devices should be password protected and have the strongest form of protection possible.
COLLECTION OF SENSITIVE INFORMATION
You indicated that your organization does not collect any information that is sensitive or potentially sensitive. In the future if your organization decides to collect sensitive or potentially sensitive information consider using more than one method to ensure that it is kept confidential.
Finally, go through your old files and destroy any personal information that you no longer need in order to fulfill the purpose that you collected it for.
THIRD PARTIES LIST
You share personal information with the following third party suppliers or agents:
With No Other Parties
You’ll have to review the privacy practices of these firms to make sure they meet the same standards that you apply to your business. You should also talk to your lawyer about adding special clauses to any contracts that involve you sharing information with a third party to:
require the third party to protect your customer information
give you the power to audit the third party to make sure they’re complying with fair information practices
make sure the third party only uses the information for the purposes set out in the contract
require the third party to pass on to you any requests from customers to see their customer records
Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details.
What personal information do we collect?
We may collect the following types of personal information:
mailing or street address;
telephone number and other contact details;
age or date of birth;
credit card information;
your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;
information you provide to us through customer surveys; or
any other personal information that may be required in order to facilitate your dealings with us.
How do we collect personal information?
We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:
register on our website or app;
communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites;
interact with our sites, services, content and advertising; or
invest in our business or enquire as to a potential purchase in our business.
Why do we collect, use and disclose personal information?
We may collect, hold, use and disclose your personal information for the following purposes:
to enable you to access and use our website/services or app;
to operate, protect, improve and optimise our website/services or app, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and to consider your employment application.
We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.
STORAGE OF PERSONAL INFORMATION: PAPER FILES
Do we use your personal information for direct marketing?
We and/or our carefully selected business partners may send you direct marketing communications and information about our website/services or app. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (eg an unsubscribe link).
To whom do we disclose your personal information?
our employees and related bodies corporate;
third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our products and services to you);
professional advisers, dealers and agents;
payment systems operators (eg merchants receiving card payments);
our existing or potential agents, business partners or partners;
our sponsors or promoters of any competition that we conduct via our services;
anyone to whom our assets or businesses (or any part of them) are transferred;
specific third parties authorised by you to receive information held by us; and/or
other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.
Disclosure of personal information outside Australia
We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Australian Privacy Principles.
Using our website and cookies
We may collect personal information about you when you use and access our website.
While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.
We may also use ‘cookies’ or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.
We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. For example, we [insert measures taken]. However, we cannot guarantee the security of your personal information.
Accessing or correcting your personal information
You can access the personal information we hold about you by contacting us using the information below. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information.
If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.
Making a complaint
If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.