CODE (Centre of Dance & Exercise) PTY LTD (collectively ‘CODE’, ‘we’, ‘our’, ‘us’) are bound by the Privacy Act 1988 ('Privacy Act'), including the Australian Privacy Principles ('APPs'). CODE recognises the importance of ensuring the confidentiality and security of your personal information.
In this Policy:
- ‘Disclosing’ information means providing information to persons outside CODE;
- ‘Personal information’ means information or an opinion relating to an individual, which can be used to identify that individual;
- ‘Privacy Officer’ means the contact person within CODE for questions or complaints regarding CODE’s handling of personal information;
- ‘Sensitive information’ is personal information that includes information relating to a person's racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual preferences and criminal record, and also includes health information; and
- ‘Use’ of information means use of information within CODE.
2. WHAT KINDS OF PERSONAL INFORMATION DO WE COLLECT AND HOLD?
We may collect and hold a range of information about you to provide you with our services, including:
- your full name and contact details;
- your areas of interest and expertise in dance;
- information about your financial information; and
- any other information relevant to the services we provide.
3. HOW DO WE COLLECT PERSONAL INFORMATION?
We generally collect personal information directly from you in the course of providing you with our services.
We may collect personal information when you visit our website, call or meet with us, or send us correspondence. Generally information we collect from our websites is provided intentionally by you, such as when you participate in our compliance forum or send us a query.
CODE will not collect sensitive information about you without your consent unless an exemption in the APPs applies. These exceptions include if the collection is required or authorised by law or necessary to take appropriate action in relation to suspected unlawful activity or serious misconduct.
If you do not provide us with the personal information we request, we may not be able to provide you with our products or services, or meet your needs appropriately.
CODE does not give you the option of dealing with us anonymously, or using a pseudonym. This is because it is illegal or impractical for CODE to deal with individuals who are not identified.
4. UNSOLICITED PERSONAL INFORMATION
CODE may receive unsolicited personal information about you. We destroy or de-identify all unsolicited personal information we receive, unless it is relevant to our purposes for collecting personal information. We may retain additional information we receive about you if it is combined with other information we are required or entitled to collect. If we do this, we will retain the information in the same way we hold your other personal information.
5. WHO DO WE COLLECT PERSONAL INFORMATION ABOUT?
The personal information we may collect and hold includes (but is not limited to) personal information about:
- students and potential students, or their representatives;
- visitors to our website;
- service providers or suppliers;
- prospective employees, employees and contractors; and
- other third parties with whom we or our clients come into contact.
6. WHY DOES CODE COLLECT PERSONAL INFORMATION?
We collect and hold personal information about you so that we may:
- provide you with dance and exercise classes and related services;
- let you know about other products or services we offer, send you information about special offers or invite you to events;
- verify your identity;
- protect our business and other customers from fraudulent or unlawful activity;
- consider any concerns or complaints you may have;
- manage any legal actions involving us;
- conduct our business and perform other management and administration tasks;
- comply with relevant laws, regulations and other legal obligations; and
- help us improve the products and services offered to our students.
We may use and disclose your personal information for any of these purposes. We may also use and disclose your personal information for secondary purposes which are related to the primary purposes set out above, or in other circumstances authorised by the Privacy Act.
Sensitive information will be used and disclosed only for the purpose for which it was provided (or a directly related secondary purpose), unless you agree otherwise or an exemption in the Privacy Act applies.
7. WHO DO WE DISCLOSE PERSONAL INFORMATION TO?
We may disclose your personal information to:
- organisations (such as dance competitions and exhibitions);
- an agent, professional advisor or service provider we engage to carry out our functions and activities such as our lawyers, accountants, debt collectors or other advisers;
- organisations involved in a transfer or sale of our assets or business;
- organisations involved in managing our payments, payment merchants and other financial institutions such as banks;
- regulatory bodies, government agencies, law enforcement bodies and courts;
- debt collectors; and
- anyone whom you authorise us to disclose it to or as required by law.
If we disclose your personal information to service providers that perform business activities for us, they may only use your personal information for the specific purpose for which we supply it. We will ensure that all contractual arrangements with third parties adequately address privacy issues and will make third parties aware of this Policy.
8. SENDING INFORMATION OVERSEAS
We are not likely to disclose your personal information to any overseas recipient.
We will not disclose your personal information to overseas recipients without your consent unless:
- we have taken reasonable steps to ensure that the recipient does not breach the Privacy Act, or the APPs; or
- the recipient is subject to a similar information privacy regime.
9. MANAGEMENT OF PERSONAL INFORMATION
CODE recognises the importance of securing the personal information of our clients. We will take steps to ensure your personal information is protected from misuse, interference or loss, and unauthorised access, modification or disclosure.
Your personal information is generally stored in our computer database. Any paper files are stored in secure areas. In relation to information that is held on our computer database, we apply the following guidelines:
- passwords are required to access the system;
- unauthorised employees are barred from updating and editing personal information;
- all computers which contain personal information are secured electronically;
- we have procedures for the disposal of personal information;
- hard-copy personal information is shredded.
10. DIRECT MARKETING
CODE may only use personal information we collect from you for the purposes of direct marketing without your consent if:
- the personal information does not include sensitive information; and
- you would reasonably expect us to use or disclose the information for the purpose of direct marketing; and
- we provide a simple way of opting out of direct marketing; and
- you have not requested to opt out of receiving direct marketing from us.
If we collect personal information about you from a third party, we will only use that information for the purposes of direct marketing if you have consented (or it is impracticable to obtain your consent), and we will provide a simple means by which you can easily request not to receive direct marketing communications from us. We will draw your attention to the fact you may make such a request in our direct marketing communications.
You have the right to request us not to use or disclose your personal information for the purposes of direct marketing, or for the purposes of facilitating direct marketing by other organisations. We must give effect to the request within a reasonable period of time. You may also request that we provide you with the source of their information. If such a request is made, we must notify you of the source of the information free of charge within a reasonable period of time.
We do not adopt identifiers assigned by the Government (such as driver’s licence numbers) for our own file recording purposes, unless one of the exemptions in the Privacy Act applies.
12. HOW DO WE KEEP PERSONAL INFORMATION ACCURATE AND UP-TO-DATE?
We are committed to ensuring that the personal information we collect, hold, use and disclose is relevant, accurate, complete and up-to-date.
We encourage you to contact us if any personal information we hold about you needs to be updated. If we correct information that has previously been disclosed to another APP entity, we will take reasonable steps to notify the other APP entity of the correction unless it is impracticable or unlawful to do so. Where we are satisfied information is inaccurate, we will take reasonable steps to correct the information within 30 days, unless you agree otherwise. We will not charge you for correcting your personal information.
13. ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
Subject to exceptions in the Privacy Act, you can access and/or correct the personal information that we hold about you by logging into your Dance Studio Manager account or by contacting the Privacy Officer. We will generally provide access within 30 days of your request. If we refuse to provide you with access to the information, we will provide reasons for the refusal.
We will require identity verification and specification of what information is required. An administrative fee for search and photocopying costs may be charged.
14. UPDATES TO THIS POLICY
This Policy will be reviewed from time to time to take account of new laws and technology, and changes to our operations and the business environment.
15. MAKING A COMPLAINT
If you have any questions about this Policy, or wish to make a complaint about how we have handled your personal information, you can lodge a complaint with us by:
- Telephoning – 0402 167 852
- Writing – CODE Privacy Officer
25/55 Union St
Windsor VIC 3181
- Emailing – email@example.com
If you are not satisfied with our response to your complaint, you can also refer your complaint to the Office of the Australian Information Commissioner by:
- Telephoning - 1300 363 992
- Writing - Director of Complaints, Office of the Australian Information Commissioner, GPO Box 5218, SYDNEY NSW 2001
- Emailing - firstname.lastname@example.org