Nerd Heaven is a retailer operating its business at Xyz, abc , Melbourne , VIC 1234 , under the trading name of Nerd Heaven. Information about us can be obtained by logging on to our website www.nerdheaven.com.au
1. Policy Statement
Nerd Heaven is an organization that is bound by law to comply with the National Privacy Principles contained in the federal The Privacy Act 1988 ("the Act"). Nerd Heaven undertakes, as a policy, not to interfere with an individual's Privacy rights in the way we collect, use or disclose the personal information of any persons who provide Nerd Heaven with such information in the course of carrying out our functions as a retailer and in accordance with the National Privacy Principles, as contained in the Act.
Nerd Heaven at all time handles the personal information we collect, use or disclose in a responsible way, that ensures individuals a degree of control over their own personal information.
A Privacy Statement summarising the way Nerd Heaven collects, holds, uses and discloses personal information can be found on our website and is available at our offices at Xyz, abc , Melbourne , VIC 1234.
2. What is personal information?
Personal information is information or an opinion about an individual whose identity is apparent or can reasonably be ascertained. An individual is a natural person and therefore our policy does not extend to information about non-natural persons such as a business or a company, unless that information also constitutes personal information.
Information is still regarded as personal information, even if it not true or correct and whether or not it is recorded in a material form or not.
3. What is sensitive information?
Personal information is sometimes not only personal but also personal and sensitive information. Sensitive information is information or an opinion about an individual's
(i) racial or ethnic origin; or
(ii) political opinions; or
(iii) customer of a political association; or
(iv) religious beliefs or affiliations; or
(v) philosophical beliefs; or
(vi) customer of a professional or trade association; or
(vii) customer of a trade union; or
(viii) sexual preferences or practices; or
(ix) criminal record;
that is also personal information; or
health information about an individual.
4. What is health information?
Health information is information or an opinion about:
(i) the health or a disability (at any time) of an individual; or
(ii) an individual's expressed wishes about the future provision of health services to him or her; or
(iii) a health service provided, or to be provided, to an individual;
that is also personal information; or
Health information is also other personal information collected to provide, or in providing, a health service; or other personal information about an individual collected in connection with the donation, or intended donation, by the individual of his or her body parts, organs or body substances.
5. Employee records exemption
An employee record, in relation to an employee, means a record of personal information relating to the employment of the employee. Examples of personal information relating to the employment of the employee are health information about the employee and personal information about all or any of the following:
(a) the engagement, training, disciplining or resignation of the employee;
(b) the termination of the employment of the employee;
(c) the terms and conditions of employment of the employee;
(d) the employee's personal and emergency contact details;
(e) the employee's performance or conduct;
(f) the employee's hours of employment;
(g) the employee's salary or wages;
(h) the employee's customer of a professional or trade association;
(i) the employee's trade union customer;
(j) the employee's recreation, long service, sick, personal, maternity, paternity or other leave;
(k) the employee's taxation, banking or superannuation affairs.
Acts done or practices engaged in by Nerd Heaven where Nerd Heaven is or was an employer of an individual are exempt from the application the Act and this policy, if the act or practice is directly related to:
(a) a current or former employment relationship between Nerd Heaven and the individual; and
(b) an employee record held by the Nerd Heaven and relating to the individual.
This exemption does not apply to prospective employees, contractors, subcontractors or temporary staff who are employees of a recruitment agency of Nerd Heaven.
6. Types of personal information Nerd Heaven collects and holds for the purposes of collecting and holding such information.
Nerd Heaven provides a range of goods and services to consumers, suppliers and franchisees who wish to trade with us or utilise our services. As part of this services provision to customers we collect personal information including the following personal information;
· Contact details, names and addresses, positions held and or title of individual.
· A record of the purchase of goods or utilisation of services, by individuals and the means by which they pay for these goods and services.
· Personal information about a range of contract businesses we deal with in the provision of our services, such as name, position, and the organization worked for and contact details.
· A record of the applications made for job seekers
· A record of both internal and external e-mails as outlined in our e-mail policy; Some of these e-mails may contain personal information
· A record of the personal details of our contractors and external consultants, including contract and payment details
7. Nerd Heaven's application of the National Privacy Principles
7.1 Collection of personal information
Nerd Heaven only collects personal information that is necessary for one or more of our activities or functions as a Retailer and in providing a range of customer services to our customers. The collection of such information is only done by fair and lawful means in a way that is not unreasonably obtrusive.
Where it is practical, personal information will only be collected from the individual directly, although this is not always practical such as in circumstances where external consultants are contracted to perform one or more of our functions or activities.
Nerd Heaven undertaking on the collection of personal information
At or before the time (or if that is not practical, as soon as practicable after), Nerd Heaven collects personal information about an individual from the individual, Nerd Heaven will take reasonable steps to ensure that the individual is aware of:
(a) Our identity and how to contact us; 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 organizations) that Nerd Heaven usually discloses information of that kind to; 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 to Nerd Heaven.
If Nerd Heaven collects personal information about an individual from someone other than the individual, Nerd Heaven will take reasonable steps to ensure the individual is or has been made aware of the above matters (a) to (f).
7.2 Use and disclosure of personal information
Nerd Heaven will not use or disclose personal information about an individual for any secondary purpose, other than the primary purpose of the collection unless that secondary purpose is related (directly related in the case of sensitive information) to the secondary purpose and the individual would reasonably expect the disclosure in the circumstances or unless CONSENT has been given.
Marketing of our products and services
Nerd Heaven may use collected personal information to market to an individual that is the contact person for our customer, products and services of benefit to our customers, unless individuals or customers have expressed to us that they do not want such marketing offers or materials made available to them. In these circumstances the personal information of such individuals will be used for the sole purpose of providing the service for which the individual provided the information.
Nerd Heaven will in each direct marketing communication with an individual make individuals aware that they can express a wish not to receive any further communications. Such a wish may be expressed at any time, even if the individual has previously consented to the receipt of such material. Nerd Heaven reserves the right to keep a record of such requests for the sole purpose of ensuring we are able to comply with any such request.
All direct marketing communications by Nerd Heaven will contain Nerd Heaven's postal address, telephone number, and fax number and if appropriate e-mail addresses.
On occasion, Nerd Heaven in providing services to our customers, makes available the service in conjunction with other organisations. Any personal information collected in these circumstances will only be disclosed to any third party organisation with the express consent of the individual. Any other disclosure of personal information will only be where required or authorised by or under law.
7.3 Data quality
Nerd Heaven will take all necessary steps to ensure that any personal data we collect, use or disclose is up to date and accurate. Customers can update their contact details at any time by contacting the Privacy Officer on 99 9999 9999.
7.4 Data security
Nerd Heaven takes all necessary steps to protect the personal information we hold from any misuse, unauthorised access, modification or disclosure. Personal information is held in both our computerised databases and in hard-copy files.
Nerd Heaven databases are secured by passwords, as is our customer database.
In addition customers in our loyalty program are given a customer number to ensure that any personal information or information about the customer is only available to that specific customer.
Nerd Heaven Information technology employees ensure all systems are protected from unauthorised access and all systems have virus protection. Only employees who require access have access to these databases. Where only limited access is necessary then only limited access is provided.
Personal information held in hard copy is limited only to those individuals who need access to such information to perform their duties.
7.6 Access to personal information
Where Nerd Heaven holds personal information about individuals those individuals will be able to access that personal information upon request, unless the request is frivolous or vexatious, would have an unreasonable impact on the privacy of others or access is otherwise not required by the Act.
Requests for access must be made to the Nerd Heaven Privacy Officer and must be made by completing an access request form. The Privacy Officer will acknowledge your request within 14 days and will provide you with the information requested as soon as practicable. If Nerd Heaven denies access or part access to personal information that has been requested Nerd Heaven will provide reasons to the individual why the access or part access has been denied.
In most circumstances, Nerd Heaven expects that we would be able to provide you with the information requested or reasons for denial to access within 30 days of receipt of the access request form.
All individuals requesting access must positively identify themselves; a customer number is not sufficient for this purpose.
At the time of acknowledging your request for access, the Privacy Officer will endeavour to let you know the approximate cost of your access request at which point you will be required to confirm your request and positively identify yourself.
Nerd Heaven reserves the right to hold all documents lodged or arising out of or in connection with any request for access to personal information for the purpose of obtaining legal advice or for demonstrating compliance with the Act, the National Privacy Principles and this Policy.
Fees for access
Nerd Heaven does not charge any fee for the lodging of a request for access and access can be requested by completing an access request form.
However Nerd Heaven does charge a fee for providing access for all time spent in processing such a request at $20.00 per hour and $1.00 per photocopied page and any associated postage costs. In addition these charges attract the GST.
Requests made for the same information to which an individual has already granted access will attract additional fees.
Nerd Heaven reserves the right to increase these fees at our discretion.
Correction of personal information
Where Nerd Heaven holds personal information about an individual and that individual is able to demonstrate that the information is inaccurate, incomplete or not up to date, Nerd Heaven will take steps to correct, complete or up date the personal information.
If there is a disagreement about the accurateness, up to date ness or completeness of the personal information and Nerd Heaven has been asked to associate the in-dispute information with a statement by the individual that acknowledges their disagreement, Nerd Heaven will do so upon request.
A request for correction must be made by using the Request for Correction form and any personal information will only be changed after the individual has positively identified himself or herself. The correction form must be lodged with the Privacy Officer.
Nerd Heaven reserves the right to hold all documents lodged or arising out of or in connection with any request for correction to personal information for the purpose of obtaining legal advice or for demonstrating compliance with the Act, the National Privacy Principles and this Policy.
If Nerd Heaven refuses to correct personal information upon a request to do so, Nerd Heaven will provide reasons for the refusal.
Nerd Heaven identifies customers, by a customer number, this includes customers who are also natural persons, in addition we do not identify any individual by any Commonwealth government identifier such as Medicare or Tax File numbers.
Nerd Heaven is a customer-based organization providing a range of services to financial customers. As such our customer-based services are only available to customers. Many publications, seminars and other services are available at a discount customer price, however customers must identify themselves to access these products and services. However where lawful and practical, individuals will have the option of transacting anonymously with Nerd Heaven.
7.9 Transborder data flows
Nerd Heaven does not transfer any information about any individual to any foreign country.
7.10 Sensitive information
Nerd Heaven does not collect sensitive information about an individual unless they have consented or it is required or authorised by law or the collection is necessary for the establishment, exercise or defence of a legal or equitable claim or the information relates solely to our customers or to individuals who have regular contact with us in connection with our activities and at or before the time of collecting the information the organization undertakes to the individual whom the information concerns that the organization will not disclose the information without the individual's consent.
8. Nerd Heaven Services contracted out
Nerd Heaven contracts out the following functions of its business:
§ Information Technology
§ Financial Services
§ Legal Services
to an outside organisation.
Nerd Heaven on occasion uses external mailing houses and external printers for our publications and postage
Telstra and others provide fax stream services to Nerd Heaven.
Failure of any contractor or external consultant to abide by the National Privacy Principles, this Policy and their contracted privacy obligations to Nerd Heaven may result in their contracts cancelled or not have their contracts renewed with Nerd Heaven.
9. Nerd Heaven Website
Nerd Heaven website is at www.nerdheaven.com.au . This website is maintained as a service to customers and to allow prospective customers to make enquires about us or purchase from us. Wherever we collect personal information on the website, it is clearly indicated on the website along with our other privacy obligations. The information collected on our website will only be used for the purposes as stated therein.
Some information about the way in which customers use our website is tracked for the sole purpose of developing our website as a user-friendly easily negotiable resource and for no other purpose. This information is not disclosed to any other organization and does not form part of any direct marketing exercise to customers.
10. Nerd Heaven Privacy Officer
Nerd Heaven has appointed a Privacy Officer who can be contacted on 99 9999 9999. All inquiries on this policy, requests for access, requests for correction and complaints must be referred to the Privacy Officer.
Failure to abide by this policy of any employee may result in counselling, disciplinary action, and where a serious breach occurs may include the possible termination of their employment.
12. Audits-Ensuring ongoing compliance
The Privacy Officer has ongoing accountability for the compliance of Nerd Heaven with this Privacy, our procedures and with the Act. This will involve an annual audit of the acts and practices of the Nerd Heaven in respect of the personal information we collect, use, hold, store and disclose and for ensuring ongoing training to employees to ensure compliance.
The Privacy Officer is also responsible ensuring this policy is appropriately amended to take account of any future amendments to the Act.
13. Complaints of interference with Privacy
Any individual who believes that Nerd Heaven may have interfered with their right to privacy as set out in the National Privacy Principles and this Policy can make a complaint to the Privacy Officer.
The complaint form
A complaint form specifying the exact nature of the compliant, who has made the complaint and the action being sought must be completed on the Nerd Heaven Privacy complaint form. Complaint forms are available from Nerd Heaven at Xyz, abc , Melbourne , VIC 1234 and can be lodged with the Privacy Officer by mailing it to this address, hand-delivering it to this address or faxing it to 99 9999 9999.
After receipt of a complaint lodged with the Privacy Officer the Privacy Officer will investigate the allegation. After the Privacy Officer has conducted an investigation, the Privacy Officer will respond in writing to the individual who has complained with the outcome of the investigation.
Should an interference with an individual's privacy be acknowledged the Privacy Officer will then take steps to rectify the interference.
Nerd Heaven may find that an interference with privacy has not occurred and in these circumstances the complainant will be notified of the reason for this conclusion.
The Privacy Officer will respond in writing as soon as it is practical to do so.
Nerd Heaven reserves the right to hold all documents lodged or arising out of or in connection with any complaint of an interference with privacy for the purpose of obtaining legal advice or for demonstrating compliance with the Act, the National Privacy Principles and this Policy
An individual who believes Nerd Heaven has interfered with their privacy and who is not satisfied that they have had an appropriate response from Nerd Heaven can contact the federal Privacy Commissioner. The website of the Australian Privacy Commissioner is www.privacy.gov.au or telephone 1300 363 992.