Policy Statement
It is a policy of Holiday Haven Tourist Parks that any personal information collected by it is properly managed and protected from misuse. Holiday Haven Tourist Parks is therefore committed to ensuring that it fulfils its obligations under the Privacy Act 1988 (Cth) and the National Privacy Principles when dealing with the personal information of our customers, employees and contractors. This policy sets out how Holiday Haven Tourist Parks will manage personal information it collects and uses in the course of business.
Aims and Objectives
Collection
Holiday Haven Tourist Parks will not collect personal information unless the information is necessary for one or more of its functions or activities.
Holiday Haven Tourist Parks will only collect personal information by lawful and fair means and will not do so in an unreasonably intrusive way.
When collecting personal information from an individual, Holiday Haven Tourist Parks will take all reasonable steps to ensure that the individual is aware of:
- the identity of Holiday Haven Tourist Parks and how to contact us;
- the fact that the individual is able to gain access to the information;
- the purposes for which the information is collected;
- the organisations to which Holiday Haven Tourist Parks usually discloses information;
- any law that requires particular information to be collected; and
- the main consequences (if any) for the individual if all or part of the information is not provided.
When reasonable and practicable to do so, Holiday Haven Tourist Parks will only collect personal information about an individual from that individual.
If we collect personal information about an individual from someone else, Holiday Haven Tourist Parks will take all reasonable steps to ensure that the individual is or has been made aware of the matters listed in (a) – (f) above, except where making the individual aware of these matters would pose a serious threat to the life or health of any individual.
Use and Disclosure
Holiday Haven Tourist Parks will only use or disclose personal information about an individual for the purpose of providing its goods and services to the individual (“primary purpose”).
However, Holiday Haven Tourist Parks may also use or disclose personal information about an individual where such use or disclosure arises in the context of Holiday Haven Tourist Parks providing its goods and services to the individual (“secondary purpose”). In such cases, Holiday Haven Tourist Parks will take all reasonable steps to ensure that such use or disclosure aligns with all requirements of National Privacy Principle 2.
Data Quality
Holiday Haven Tourist Parks will take all reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date.
Data Security
Holiday Haven Tourist Parks will take all reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.
Holiday Haven Tourist Parks will take all 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 National Privacy Principle 2.
Openness
On request by a person, Holiday Haven Tourist Parks will take all 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.
Access and Correction
If Holiday Haven Tourist Parks holds personal information about an individual, Holiday Haven Tourist Parks will provide the individual with access to the information on request, except to the extent that:
- 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
- in the case of health information, providing access would pose a serious threat to the life or health of any individual; or
- providing access would have an unreasonable impact upon the privacy of other individuals; or
- the request for access is frivolous or vexatious; or
- the information relates to existing or anticipated legal proceedings between Holiday Haven Tourist Parks and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
- providing access would reveal the intentions of Holiday Haven Tourist Parks in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
- providing access would be unlawful; or
- denying access is required or authorised by or under law; or
- providing access would be likely to prejudice an investigation of possible unlawful activity; or
- providing access would be likely to prejudice:
- 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
- the enforcement of laws relating to the confiscation of the proceeds of crime; or
- the protection of the public revenue; or
- the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
- the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders;
by or on behalf of an enforcement body; or
- an enforcement body performing a lawful security function asks Holiday Haven Tourist Parks not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
However, where providing access would reveal evaluative information generated within Holiday Haven Tourist Parks in connection with a commercially sensitive decision-making process, Holiday Haven Tourist Parks may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.
If Holiday Haven Tourist Parks is not required to provide the individual with access to the information because of one or more of paragraphs (a) to (k) above Holiday Haven Tourist Parks will, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.
Holiday Haven Tourist Parks may charge for providing access to personal information. If charges do apply, they will be limited to the costs incurred by Holiday Haven Tourist Parks in providing that personal information.
If an individual is able to establish that personal information held by Holiday Haven Tourist Parks is not accurate, complete and up-to-date, Holiday Haven Tourist Parks will take all reasonable steps to correct the information so that it is accurate, complete and up-to-date.
Where an individual and Holiday Haven Tourist Parks disagree about whether personal information is accurate, complete and up-to-date Holiday Haven Tourist Parks will, on request by the individual, associate with the information a statement claiming that the information is not accurate, complete or up-to-date.
If Holiday Haven Tourist Parks denies access to, or refuses correction of, personal information it holds about an individual Holiday Haven Tourist Parks will provide that individual with reasons.
Identifiers
When identifying an individual, Holiday Haven Tourist Parks will not adopt as its own identifier an identifier of the individual that has been assigned by government agency, agents of or service providers to government agencies or any another organisation, i.e. drivers licence numbers, Medicare numbers, etc.
Holiday Haven Tourist Parks will not use or disclose an identifier assigned to an individual as described above except in accordance with National Privacy Principle 7.
Anonymity
Wherever it is lawful and practicable, individuals have the option of not identifying themselves when entering transactions with Holiday Haven Tourist Parks.
Sensitive Information
Holiday Haven Tourist Parks will not collect sensitive information about an individual unless:
- the individual has consented; or
- the collection is required by law; or
- 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:
- is physically or legally incapable of giving consent to the collection; or
- physically cannot communicate consent to the collection; or
- the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.
Scope
This policy applies to:
- Holiday Haven Tourist Parks and its directors, officers and managers;
- all employees, trainees, volunteers, outworkers, apprentices and work experience students of Holiday Haven Tourist Parks, collectively referred to as “employees”;
- all contractors, and employees of contractors, performing work within Holiday Haven Tourist Parks at the direction of, or on behalf of, Holiday Haven Tourist Parks; and
- all of Holiday Haven Tourist Parks’s workplaces and other places where employees or contractors of Holiday Haven Tourist Parks may be working for or representing Holiday Haven Tourist Parks.
Responsibilities of Employees and Contractors
At all times all employees and contractors are required to:
- understand and comply with this Policy;
- ensure they do not engage in, aid or abet, any conduct in breach of this Policy or is otherwise unlawful;
- report to Holiday Haven Tourist Parks all incidents of conduct in breach of this Policy or otherwise unlawful that they witness occurring as soon as possible.
Breach of this Policy
If an employee breaches this Policy they may be subject to disciplinary action which, in serious cases, may lead to termination of employment. Contractors who breach this Policy may have their contracts terminated and visitors who breach this Policy may be asked to leave Holiday Haven Tourist Parks immediately.
Process for Access
An individual may obtain access to their personal information by sending a written request to Holiday Haven Tourist Parks. If granting access is straightforward, Holiday Haven Tourist Parks will take all steps to grant access within 14 days of receipt of that written request. If, granting access is more complicated, Holiday Haven Tourist Parks will take all steps to grant access within 30 days of receipt of that written request.
Definitions
“Personal Information” means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
"Sensitive information" means:
(a) information or an opinion about an individual’s:
(i) racial or ethnic origin; or
(ii) political opinions; or
(iii) membership of a political association; or
(iv) religious beliefs or affiliations; or
(v) philosophical beliefs; or
(vi) membership of a professional or trade association; or
(vii) membership of a trade union; or
(viii) sexual preferences or practices; or
(ix) criminal record;
that is also personal information; or
(b) health information about an individual; or
(c) genetic information about an individual that is not otherwise health information.