- how and when we collect personal information;
- how we use and disclose personal information;
- how we keep personal information secure, accurate and up-to-date;
- how an individual can access and correct their personal information; and
- how we will facilitate or resolve a privacy complaint.
- If you have any concerns or complaints about the manner in which your personal information has been collected, used or disclosed by us, we have put in place an effective mechanism and procedure for you to contact us so that we can attempt to resolve the issue or complaint. Please see Section 12 for further details.
- If you have any concerns or questions, please contact us and our privacy officer at firstname.lastname@example.org or write to us at 31 Thompson St Victoria Point and our privacy officer will then attempt to resolve the issue.
- We recommend that you keep this information for future reference.
- What is personal information?
- The Privacy Act 1988 (Cth) defines “personal information” to mean any 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
- whether the information or opinion is recorded in a material form or not.
- The kinds of personal information collected, used and disclosed by Tranquil Waters
- We will only use or disclose your personal information for the primary purposes for which it was collected or as consented to by you.
- At or around the time we collect personal information from you, we will endeavour to provide you with a notice which details how we will use and disclose that specific information.
We set out some common collection, use and disclosure instances in the table below.
- How Tranquil Waters collects and holds personal information
- Collection generally
- If you do not provide some of the information requested or any other information we require in order for us to provide our services to you, we may be unable to provide our services to you in an effective manner, or at all.
- Other collection types
- We may also collect personal information about you from other sources, such as for promotional events, raffles and competitions and also from third parties. Some examples of these alternative collection events are:
- when we collect personal information about you from third parties; or
- when we collect personal information about you from publicly available sources including but not limited to social media platforms, (such as Facebook, Twitter, Google, Instagram etc) Australia Post and White Pages directory.
- Notification of collection
- If we collect details about you from someone else, we will, whenever reasonably possible, make you aware that we have done this and why, unless special circumstances apply, including as described in clauses 3.3(a) to 3.3(c) below. Generally speaking, we will not tell you when we collect personal information about you in the following circumstances:
- where information is collected from any personal referee you have listed on any application form (including any employment application) with Tranquil Waters;
- where information is collected from publicly available sources including but not limited to social media platforms (such as Facebook, Twitter, Google, Instagram etc) Australia Post or Whitepages directory, credit information searches, court judgments, directorship and bankruptcy searches; or
- as otherwise required or authorised by law.
- Unsolicited personal information
- In the event we collect personal information from you, or a third party, in circumstances where we have not requested or solicited that information (known as unsolicited information), and it is determined by Tranquil Waters (in its absolute discretion) that the personal information is not required, we will destroy the information or ensure that the information is de-identified.
In the event that the unsolicited personal information collected is in relation to potential future employment with Tranquil Waters, such as your CV, resume or candidacy related information, and it is determined by Tranquil Waters (in its absolute discretion) that it may consider you for potential future employment, Tranquil Waters may keep the personal information on its human resource records.
- How we hold your personal information
- Once we collect your personal information, we will either hold it securely and store it on infrastructure owned or controlled by us or with a third-party service provider who has taken reasonable steps to ensure they comply with the Privacy Act 1988 (Cth). We provide some general information on our security measures in Section 10 (Data security and quality).
- Cookies and IP addresses
- If you use our website, we may utilise “cookies” which enable us to monitor traffic patterns, trends and to serve you more efficiently if you revisit our website. In most cases, a cookie does not identify you personally but may identify your internet service provider or computer.
- We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally.
- You can set your browser to notify you, accept or reject, or disable cookies. However, if you do so, you may not be able to access certain areas of our websites or take advantage of the improved web site experience that cookies offer.
- Where we obtain any data as a result of your use of our Websites or through any information which you may provide to us, you acknowledge that we will own the data and all rights which may subsist in relation thereto. Such data will generally be collected and maintained in an aggregated from, without any personal details which would otherwise identify you.
- Information about 3rd parties
- Where you have provided us with information about third parties, the same privacy considerations will apply to this information as to your own personal information. When we receive this information, we will assume that you are authorised to provide it to us. If requested, you must notify the person that you have provided their information to us.
- Uses and discloses of personal information
- Use and disclose details
- We provide a detailed list in the Table of some common uses and disclosures we make regarding the personal information we collect.
- Other uses and disclosures
- We may also use or disclose your personal information and in doing so we are not required to seek your additional consent:
- when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be used or disclosed for such a purpose;
- if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health or safety or to lessen or prevent a threat to public health or safety;
- if we have reason to suspect that unlawful activity has been, or is being, engaged in; or
- if it is required or authorised by law.
- Use and disclosure procedures
- Uses and discloses of personal information
- Communications opt-out
- Sensitive information
- Sensitive information generally
- Sensitive information is a subset of personal information. It means health information about an individual, information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, genetic information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates.
- Collection and use of sensitive information
- In general, we attempt to limit the collection of sensitive information we may collect from you, but depending on the uses you make of our products this may not always be possible and we may collect sensitive information from you in order to carry out the services provided to you. However, we do not collect sensitive information from you without your consent.
- The type of sensitive information we may collect about you is dependent on the services provided to you by Tranquil Waters will be limited to the purpose(s) for which it is collected.
- We do not use sensitive information to send you Direct Marketing Communications (as set out in Section 6 below) without your express consent.
- We may collect other types of sensitive information where you have consented and agree to the collection of such information. Generally speaking, we will obtain this type of consent from you at (or around) the point in time in which we collect the information.
- Direct Marketing
- Express informed consent
- You give your express and informed consent to us using your personal information set out in:
- the “Sales and Enquiries” section of the Table of this document above; and
- the “Marketing Services” section of the Table of this document above;
- to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) which we consider may be of interest to you, whether by post, email, SMS, messaging applications and telephone (Direct Marketing Communications).
- Inferred consent and reasonable expectations of direct marketing
- If you have provided inferred or implied consent (e.g. not opting out where an opt-out opportunity has been provided to you) or if it is within your reasonable expectation that we send you Direct Marketing Communications given the transaction or communication you have had with us, then we may also use your personal information for the purpose of sending you Direct Marketing Communications which we consider may be of interest to you.
- If at any time you do not wish to receive any further Direct Marketing Communications from us or others, you may ask us not to send you any further information about services and not to disclose your information to other organisations for that purpose. You may do this at any time by using the “unsubscribe” facility included in the Direct Marketing Communication or by contacting us via the details set out at the top of this document.
- Anonymity and pseudo-anonymity
- We will endeavour to provide you with the option of dealing with Tranquil Waters on an anonymous basis or through the use of a pseudonym. However, there may be circumstances in which it is no longer practicable for Tranquil Waters to correspond with you in this manner and your personal information may be required in order to provide you with our services or to resolve any issue you may have.
- Cross Border Disclosure
- Cross border disclosures
- Personal information collected and held by Tranquil Waters may be disclosed to, and held at, a destination outside Australia, including but not limited to United States of America, where we utilise third party service providers to assist Tranquil Waters with providing our services to you. Personal information may also be processed by other third parties operating outside Australia who work for us. As we use service providers and platforms which can be accessed from various countries via an Internet connection, it is not always practicable to know where your information may be held. If your information is stored in this way, disclosures may occur in countries other than those listed above.
- In particular, we may utilise overseas IT services (including software, platforms and infrastructure), such as data storage facilities or other IT infrastructure. In such cases, we may own or control such overseas infrastructure or we may have entered into contractual arrangements with third party service providers to assist Tranquil Waters with providing our services to you.
- Provision of informed consent
- If you do not consent
- If you do not agree to the disclosure of your personal information outside Australia by Tranquil Waters, you should tell us that you do not consent. To do this, either elect not to submit the personal information to Tranquil Waters or contact us via the details set out in this document.
- Data security and quality
- Tranquil Waters security generally
- Tranquil Waters requires all staff to keep your information confidential. In addition, we have taken steps to help secure and protect your personal information from unauthorised access, use, disclosure, alteration, or destruction. However, we cannot guarantee the security of all transmissions of personal information, especially where human error is involved or malicious activity by a third party.
- Notwithstanding the above, we will take reasonable steps to:
- make sure that the personal information we collect, use or disclose is accurate, complete and up to date;
- protect your personal information from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and
- destroy or permanently de-identify personal information if it is no longer needed.
- Data Breach
- Data security and quality
- In the event that we become aware of any unauthorized access to our system which results in a genuine expectation that your personal information has been obtained by an unauthorised 3rd party, or in the event of any other breach or failure of our system which results in your personal information becoming available to our being provided to any 3rd party then we will:
- Take all reasonable steps to recover or otherwise secure your personal information;
- Limit access to your personal information;
- Minimise the risk of harm; and
- Take such other steps as we may decide would be prudent for us to take in the circumstances.
- We will also notify you of any breach in the event that we, acting reasonably, form the view that the breach is likely to result in any serious harm.
- The accuracy of personal information depends largely on the information you provide to us, so we recommend that you:
- let us know if there are any errors in your personal information; and
- keep us up-to-date with changes to your personal information (such as your name or address).
- We provide information about how you can access and correct your information in Section 10.
- Access to and correction of your personal information
- You are entitled to have access to any personal information relating to you which we hold, except in some exceptional circumstances provided by law (including the Privacy Act 1988 (Cth)). You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading.
- If you would like access to or correct any records of personal information we have about you, you are able to access and update that information (subject to the above) by contacting us via the details set out in this document.
- Resolving Privacy Complaints
- Complaints generally
- We have established a mechanism and procedure to resolve privacy complaints. We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision.
- Contacting Tranquil Waters regarding complaints
- If you have any concerns or complaints about the manner in which we have collected, used or disclosed and stored your personal information, please contact us:
- Tranquil Waters Retirement Village
- Telephone: (07) 3207 0786
- Email: email@example.com
- Address: 31 Thompson St Victoria Point Q 4165
- Please mark your correspondence to the attention of the Privacy Officer.
- Steps we take to resolve a complaint
- In order to resolve a complaint, we:
- will liaise with you to identify and define the nature and cause of the complaint;
- may request that you provide the details of the complaint in writing;
- will keep you informed of the likely time within which we will respond to your complaint; and
- will inform you of the legislative basis (if any) of our decision in resolving such complaint.
- Register of complaints
- Resolving Privacy Complaints
- We will keep a record of the complaint and any action taken in a Register of Complaints.
- Further Complaint Mechanisms
- If your remain unsatisfied with our response to any complaint after having contacted us, complaints may also be referred to a number of services as set out below:
- The Australian Information Commissioner:
Enquiries by phone: on 1300 363 992
- The Australian Information Commissioner received complaints under the Privacy Act. Complaints can be made in writing:
- Online: http://www.oaic.gov.au/privacy/making-a-privacy-complaint;
By fax: on +61 2 9284 9666
- Postal address:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
- Office of the Australian Information Commissioner
GPO Box 2999
Canberra ACT 2601 NSW 2001
- Aged Care Complaints commissioner
- The Aged Care Complaints commissioner is an independent statutory office holder responsive for providing fee complaints resolution service across Australia. The Complaints Commissioners primary functions under the Aged Care Act 1997 and Complaints Principles 2015.
- Online: agedcarecomplaints.gov.au
- By phone: on 1800 550 552
- In writing:
Aged Care Complaints Commissioner
GPO Box 9848
(your Capital State or Territory)
- Consent, modifications and updates
- Interaction of this Policy with contracts
- certain sections or paragraphs in this policy are incorporated into that contract, but in such a way that they do not give rise to contractual obligations onto Tranquil Waters, but do create contractual obligations on the other party to the contract; and
- the consents provided in this policy become contractual terms of the contract.
- Consent, modifications and updates
- Modifications and updates
- Cross Border Disclosure
- Credit Reporting Policy
- We may also be bound by the credit reporting provisions of the Privacy Act and the Credit Reporting Code registered under the Privacy Act. Where we provide services to you on credit (that is, you will pay for those services after we start providing them to you), we are a credit provider for the purposes of the Privacy Act.
- This Credit Reporting Policy describes how we manage credit-related information about individuals (credit information). It does not apply to the collection or use of credit related information about corporations.
- We will ensure that all personal information (including credit information) which we handle is managed in accordance with the Privacy Act and other applicable laws protecting privacy.
- Collection of credit information
- We may collect, hold and use certain credit related information about you. We will generally only obtain this information from you. We will not routinely collect or exchange information with credit reporting bodies and other credit providers unless you authorise us to do so. We use credit related information to assist us in determining whether we will provide or continue to provide services to you on credit and to manage our relationship with you. Credit related information includes your name and contact details, your credit history (including any repayments or late repayments you have made), any credit rating or credit assessment score that we calculate; and details of any credit related court proceedings or insolvency applications that relate to you.
- We will securely store all credit related information that we collect or hold about you.
- Disclosure of credit information
- Unless otherwise required by law, we will only disclose your credit related information to third parties in limited circumstances as permitted by the Privacy Act. We may disclose your credit related information to parties that provide credit related services to us such as debt collectors, credit management agencies and our agents. We may also disclose your credit related information to a third party that you or we request act as a guarantor in relation to any credit provided to you. We may also disclose credit information to credit reporting bodies where there has been a default in payment. We will provide at least 14 days’ notice of our intention to disclose default information to a credit reporting body before making any such disclosure. We will not disclose any credit information to any recipient located outside of Australia.
- Other circumstances where we may disclose your credit related information include where required by law or the order of a court or tribunal and where you otherwise expressly consent to the use or disclosure.
- Access & corrections
- If you request that we correct any credit related information that we hold about you, we will endeavour to respond to that request within 21 days (or such longer period as you may agree) and correct any credit related information that we hold about you that we are satisfied is inaccurate, out-of-date, incomplete, irrelevant or misleading.
- A complaint may be lodged by contacting us directly or by emailing firstname.lastname@example.org
- Direct Marketing
- Sensitive information
|PURPOSE||TYPE OF INFORMATION||USES||DISCLOSURES|
|Enquiries & website visitors||• Contact information: Such as your name, address, billing address (if different to address), email address, phone numbers, IP/internet address.|
|The types of uses we will make of personal information collected for this type of purpose include:|
|The types of disclosures we will make of personal information collected for the type of purposes listed include, without limitation, to:|
|Residents||In addition to the above information|
• Billing and account details.
• Payment card details.
• For our Services:
• Information collected in connection by us, including information you provide via our website which are related to the services we provide to you.
• Your opinions, statements and endorsements collected personally or via surveys and questionnaires, or other feedback in relation to our services
|• Services: the provision of our services to you including:|
• The administration and management of our facilities.
• To provide our services, including handling enquiries and complaints.
• General administrative and security use:
• To facilitate the administration and management of a retirement village, including but not limited to the use of your personal information collected in accordance with paragraph 3.1
• In connection with the improvement of our services (including to contact you about those improvements and asking you to participate in surveys about our services) and the maintenance and development of our services, and infrastructure.
• To provide services to residents, potential residents and other persons and for quality assurance purposes.
• In relation to the sale of or dealing with units and/or matters in connection with a potential sale, of our business or company to a third party.
• Any other matters reasonably necessary to continue to provide our services to you.
|• Service providers (including IT service providers and consultants) who assist Tranquil Waters in providing our services.|
• External service providers, who may provide services to you, including within the village, with your agreement
• Our contractors and agents or other external companies who assist us in providing our services, As required or authorised by law.
|Providing our services||• Contact information: Such as name, e-mail address, current postal and delivery address (if different to postal address), and phone numbers.|
• Employee record information: details relating to your employment (if applicable) or your previous employment.
• Identifying information: Such as your photo and date of birth
• General information: Such as any medical conditions, allergies and the like, where you provide that information to usMedical or health information: Information regarding your health, medical information (including medical records) or any related sensitive personal information that may be required in order for you to be provided the services we offer.
|• Services: Only for the provision of our products and services to you or as required or authorised by law.||We may disclose your personal information to:|
• External bodies necessary in connection with the services we offer to you such as third party contractors or service providers.
• Your doctor(s).
• Medicare (Department of Human Services).
• Health fund providers.
Related entities and subsidiaries of Tranquil Waters
|Marketing Services||• Contact information: Such as your name, email address, current postal and residential addresses and phone numbers.||• General marketing using your personal information:|
• To offer you updates on products, services, events or information that may be of interest to you.
• For Marketing and promotional activities by us and our related bodies (including by direct mail, telemarketing and email), and via social media platforms.
• For the Uses detailed above in “Sales and enquiries”.
|We may disclose your personal information to:|
• Third parties connected with the marketing process who assist us in providing our services.