Effective Date: 12 June 2023
This document sets out how Warrandyte Neighbourhood House Incorporated (A0021938H) (the House) deals with privacy and the protection of your personal information. Protecting your privacy is very important to us and we are committed to maintaining the security of all personal information provided to us by our clients, staff, volunteers, visitors to and users of our website or via other channels. This policy details how we collect, use and manage this personal information.
The House at all times remains committed to observing its privacy obligations and requirements under applicable law. This includes where relevant the Privacy Act 1988 (Cth) (Privacy Act), including the Australian Privacy Principles (APPs) contained in the Privacy Amendment (Enhancing Privacy Protection) Act 2012 which took effect on 12 March 2014 and the Privacy and Data Protection Act 2014 (Vic) (PDP Act).
We reserve the right to amend this policy from time-to-time and the revised policy will take effect from the time it is posted on our website.
Functions and activities
The House is a not-for-profit entity with the following purposes:
• promoting community connections;
• providing opportunities for education (in its broadest sense);
• providing opportunities for individuals and the community to improve health and well being; and
• providing opportunities for the Warrandyte community to connect to the global community.
To achieve these purposes, the House runs a number of activities, classes, courses and clubs as well as events and workshops. For further information about the range of our activities please visit our website at www.warrandyteneighbourhoodhouse.org.au
What is personal information?
Let’s start with some definitions. Personal information under the Privacy Act means information or an opinion about an identified individual, or an individual who is reasonably identifiable whether: the information or opinion is true or not; and the information or opinion is recorded in a material form or not, the information or opinion as published or broadcasted or not.
Sensitive information under the Privacy Act means:
• 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 orientation or practices;
• criminal record;
• health information about an individual;
• genetic information about an individual that is not otherwise health information;
• biometric information that is to be used for the purpose of automated biometric verification or biometric identification;
• biometric templates.
The House does not generally make it a practice to collect any sensitive information unless it is lawfully required (for example compliance reporting to a government funding body).
Management of personal information
The House is committed to the open and transparent management of personal information. This policy is available on the House’s website and will be made available free-of-charge upon an individual request.
What personal information do we collect and hold?
Depending on your particular circumstances, or the activities undertaken we may collect and hold a range of different information about you. This may include: your name, date of birth, contact details (including address, email address, phone number or mobile telephone number), employment status, or emergency contact details, nationality, and information about how you use our services.
This is not an exhaustive list and we may need to collect additional personal information from you as part of our services provision from time-to-time, in which event we will notify you.
How we collect Personal Information?
The House collects personal information in a number of ways, including:
• directly from you, for example, when you provide information by phone, in registration forms or any other agreements, or when you submit your personal details through our website (including the membership page) or contact email addresses;
• from publicly available sources of information;
• from third-party government bodies where applicable;
• from our own records of how you use our services;
• when legally required to do so - for example under the Privacy Act.
How we hold personal information - Storing and security of personal information
All personal information is stored securely at the House offices in paper and electronic form.
The security of personal information is important to us and we take reasonable steps to protect it from misuse, loss, unauthorised access, modification or disclosure. This includes:
• Requiring our staff to maintain privacy and confidentiality;
• Documented storage security measures;
• Imposing computer access security measures including password protection.
The purposes for which we hold, collect and use personal information
The House maintains personal information on clients, employees, volunteers, contractors and other stakeholders, in order to provide our services and activities, and secondly to provide information that may assist our business operations.
In exceptional (and very rare) circumstances this information may be provided to another organisation for purposes of providing information on matters which may assist the business operations of the House, subject at all times to the application of the APPs.
Accessing your own personal information & seeking correction
At all times you are entitled to access your own personal information held by the House and to seek to have it corrected. Please contact the Privacy Officer below should you wish to do this.
Complaint process for a breach of the Australian Privacy Principles
If you have a complaint about how we collect, hold, use or disclose your personal information or a privacy related issue such as a refusal to provide access or correction, or any breach or perceived breach of the APPs by the House then please use our complaints process so that we can deal with your complaint effectively and efficiently.
Contact us – please contact us on the email below with your complaint so that we have an opportunity to address the problem and rectify it. We will endeavour to provide you with a response within 5 business days or as soon as reasonably practicable.
Internal Review – If you are not satisfied with the outcome of your complaint, then you can request a review by the President of the House. The review process will usually provide you with a decision within 25 business days of receiving your complaint or as soon as reasonably practicable.
External Review – If you remain dissatisfied then you are entitled under law to take your complaint to the Office of the Australian Information Commissioner (AOIC) by visiting www.oaic.gov.au or www.ovic.vic.gov.au
Disclosing Personal Information & overseas recipients
The House does not provide personal information to any overseas recipients.
Where in the unlikely event that the provision of any service by the House represents a 'use' of personal information by an overseas recipient, the House accepts that any handling of personal information, including any acts or practices of the service provider, will be treated as been having done by the House for the purposes of the APPs, including APP 8.
The only likely scenario for this use would be in countries where there will be a disclosure of personal information through the use of a cloud computing service in an offshore data warehouse.
Management of personal information
Under APP 2, you have at all times the option of not identifying yourself or using a pseudonym when dealing with the House.
This right is subject at all times to whether it is impracticable for the House to deal with you anonymously or by using a pseudonym and we are happy to discuss any concerns you may have in this area by contacting us using the link below.
Collection of personal information
The House will only collect personal information that is necessary to its business functions and activities. At all times the House will only collect personal information by lawful and fair means and at all times subject to the requirements of APP 3.
Dealing with unsolicited personal information
Where the House receives unsolicited personal information it will within a reasonable time of receipt determine whether or not it would have collected the information under APP 3 if the House had solicited the information. If the House determines that it would not have collected the unsolicited personal information, it will as soon as practicable either de-identify or destroy the information, if lawful to do so, unless the information can be managed otherwise in accordance with APP 3.
Notification of collection of personal information
The House will ensure that an individual is notified as soon as practicable about:
• the types of personal information that is being collected;
• the purpose for which information is being collected;
• which information is likely to be disclosed to other parties, and for what purpose, (including any overseas recipients if applicable);
• how an individual can access and/or seek to amend the personal information held by the House;
• how to lodge a complaint about a potential/actual breach of the APPs;
• whether the House is likely to disclose the personal information to any overseas recipients and the countries in which such recipients are likely to be located (if it is practicable to specify those countries in the notification or to otherwise make the individual aware of them) and otherwise comply with the notice obligations under APP 5.
• Where the House has collected personal information from someone other than the individual, the House will take reasonable steps to notify the individual that information was collected.
Dealing with personal information
The House will only use and disclose personal information for the particular purpose (primary purpose) for which it was collected or a related purpose where you would reasonably expect the use or disclosure of personal information.
The House will not use or disclose personal information for another purpose (secondary purpose) unless you consent.
We may use or disclose personal information without your consent in exceptional circumstances, as defined set out under APP 6 including where:
• you would reasonably expect use/disclosure of the information for the secondary purpose and the secondary purpose is:
• if the information is sensitive information – directly related to the primary purpose; or
• if the information is not sensitive information – related to the primary purpose (APP 6.2(a))
• use/disclosure is required by Australian law or a court/tribunal order (APP 6.2 (b))
• it is necessary to prevent a threat to a person’s health or safety (APP 6.2(c))
• use/disclosure is required by Australian law or a court/tribunal order (APP 6.2 (b))
• use/disclosure is necessary to prevent a threat to a person’s health or safety (APP 6.2(c))
• use/disclosure is reasonably necessary in relation to a legal claim (APP 6.2 (c))
• use/disclosure is required during dealings with law enforcement agencies or government bodies
The House will not use personal information that it holds for the purpose of direct marketing.
We may use or disclose personal information (other than sensitive information) about you for the purpose of direct marketing if:
• the House collected the information from you; and
• you would reasonably expect us to use or disclose the information for that purpose; and
• we provide a simple means by which you may easily request not to receive direct marketing communications by means of a simple ‘opt out’ facility (which is always provided); and
• you have not made such a request to the House.
In each direct marketing communication with you:
• we will include a prominent statement that you may make a request not to receive direct marketing; or
• we otherwise draw your attention to the fact that you may make such a request; and
• you have not yet made such a request to the House .
Adoption of government related identifiers
The House at all times will not adopt a government related identifier of an individual as its own identifier and at all times will abide by its obligations under APP 9.
Integrity of personal information
The House will take reasonable steps to ensure the personal information it collects, uses and discloses is accurate, up to date and complete.
The House will take reasonable steps to ensure that the personal information that it uses or discloses is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant.
Security of personal information
The House will take all reasonable steps to ensure that the personal information it holds is protected from misuse, loss, interference and unauthorised access, modification or disclosure. The House will destroy or permanently de-identify personal information when it is no longer required for use or disclosure, and where the House is not required to retain the information in accordance with an Australian law.
Access to personal information
The House will allow you access to your personal information at your request, unless we deem that a valid exception to access applies (as per APP 12.3), this includes:
• giving access poses a serious threat to the life, health or safety of any person
• the information relates to existing or anticipated legal proceedings between the House and the individual, and would not be accessible by the process of discovery in those proceedings
• giving access is unlawful, or denying access is required by Australia law or a court/tribunal order
• giving access would have an unreasonable impact on the privacy of other individuals
All requests for access to personal information must be referred to the Privacy Officer using the link below. All requests will be responded to in a reasonable time and where possible, access will be given in the manner requested by the individual. the House may charge the individual for giving access to the information (eg printing costs) however this charge will not be excessive nor will it apply to the making of the request.
Where requests for access are refused, the House will provide written notification of the reasons for refusal and deal with any further complaints in writing.
Correction of personal information
The House will take reasonable steps to correct personal information where an individual requests the House to correct the information or the House identifies that the information held is inaccurate, out of date, incomplete, irrelevant or misleading or irrelevant.
The House will accept requests from individuals to correct that individual’s personal information in accordance with its obligations under APP 13. All requests for correction of personal information must be referred to the Privacy Officer.
No charges will be incurred by the individual for the correction of personal information. Where requests for correction of personal information are refused, the House will provide written notification of the reasons for refusal and refer the applicant to the House Complaints Policy.
Notifiable Data Breaches Scheme
The House is aware of the Notifiable Data Breaches (NDB) scheme which took effect in Australia from 22 February 2018. This scheme applies to any organisation with existing personal information security obligations under the Privacy Act.
The NDB scheme creates an obligation on parties under law, if applicable, to notify individuals whose personal information is involved in a data breach that is likely to result in serious harm. In this unlikely event, we will also notify you of any breach and include recommendations that you should take in response to the breach. In which event, if applicable, we are also obligated to notify the Australian Information Commissioner of any eligible data breaches as part of an internal procedure and NDB response. For further information on the NDB scheme please visit www.oaic.gov.au.
If you have any enquiries or concerns about this policy or your personal information, please contact the Privacy Officer at the following email: Manager@wnh.org.au