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Privacy Policy

Australia’s Southwest Privacy Policy.

Australia’s South West Incorporated (ABN 34 609 814 029) of PO Box 252, Bunbury WA 6320 (ASW) is committed to managing personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) (Privacy Act) and in accordance with other applicable privacy laws (Privacy Laws). 

Personal Information (under the Privacy Act) is information or an opinion about an identified individual, or an individual who is reasonably identifiable. What is personal information will vary, depending on whether a person can be identified or is reasonably identifiable in the circumstances (Personal Information). 

This document sets out our policies for managing your Personal Information and is referred to as our Privacy Statement 

What kinds of information do we collect and/or hold? 

Generally, the kinds of Personal Information that ASW will collect and/or hold will depend on the nature of our interaction with you. 

The types of Personal Information that ASW may collect and hold include the following: 

  • name, postal address, e-mail address, landline and mobile number;
  • occupation;
  • date of birth and gender;
  • any other information you provide to us or authorise us to collect; and
  • information associated with web browsing, such as your IP address and web cookies.

 

On occasion we may collect and/or hold other kinds of Personal Information – such as when we run a promotional event or a competition. You can always decline to give us any Personal Information we request, but that may mean we cannot provide you with some or all of the services and or products you have requested.

At all times, ASW will take reasonable steps to inform you of the kinds of Personal Information it collects and holds when you are engaged with it.

We may, in limited circumstances, collect Sensitive Information. Sensitive information is Personal Information that includes information or an opinion about an individual’s:

  • racial or ethnic origin;
  • political opinions or associations;
  • religious or philosophical beliefs;
  • trade union membership or associations;
  • sexual orientation or practices;
  • criminal record; and health or genetic information.

Sensitive Information is afforded a higher level of protection than other kinds of information under the Privacy Act.

We will only collect and hold Sensitive Information when you have given explicit consent for the processing of such information for one or more specified purposes. We will rarely collect and hold this kind of information. 

How and why do we collect and use your Personal Information? 

ASW may collect Personal Information from or about you in a number of circumstances, including: 

  • from publicly available sources of information;
  • when you use our services or contact us directly;
  • when you sign up to receive information from us;
  • when you take part in one of our competitions and/or promotions;
  • when you use our website and/or via software, such as cookies and
    web/tracking pixels (also known as “web beacons”);
  • when you provide or offer services to us;
  • from third parties;
  • from our own records at ASW; and
  • when legally required to do so.

 

When you register your interest or otherwise in the course of us providing services to you, ASW may need to collect Personal Information. ASW will, at all times, take reasonable steps to collect your Personal Information directly from you, unless:

  • it is unreasonable or impracticable for us to do so; or
  • you consent to the collection of Personal Information from someone other than
    you; or
  • we are required or authorised by or under an Australian or other applicable law,
    or a court/tribunal order, to collect the Personal Information from someone other than you.

 

In the event we receive your Personal Information from a third party, via referral and/or via a purchase list, we will take reasonable steps to inform you of that and seek your consent to our collection of that Personal Information. Should you refuse to consent to that collection, we will take reasonable steps to destroy or de-identify that Personal Information.
We will only use your Personal Information to the extent permitted by the law. We may use the Personal Information you provide to us or which we collect for the following range of purposes, including:

  • To register you as a new customer; 
  • To process and deliver your order/booking/purchase
  • To respond to any of your enquires;
  • To organise and provide you with a product or service you have requested;
  • To fulfil any agreement with you or obligation we have to you
  • To provide you with checkout assistance when you use our website or services (including any online e-commerce stores).

 

If you do not complete your purchase/booking, we may contact you using these details to offer our assistance;

  • To otherwise manage our relationship with you:
  • To enable you to partake in a prize draw, competition, special offer or promotion or complete a survey;
  • To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
  • To deliver relevant website content and advertisements to you and measure or understand the effectiveness of our advertising;
  • To use data analytics to improve and enhance our existing products, services and applications and develop new offerings, recommendations, advertisements and other communications and learn more about customers’ preferences;
  • To make suggestions and recommendations to you about goods or services;
  • To provide your Personal Information to our advertising, marketing, social media and promotional agencies;
  • To send marketing materials and newsletters to you;
  • To prevent fraud and for investigation purposes, for example, using device information such as device ID(s) to ensure that any vouchers or discounts relating to any promotions or campaigns are not being redeemed fraudulently, checking that a payment is not made fraudulently;
  • To create and manage our customer and client database(s); and or
  • To consider employing you. 

 

We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. You may request an explanation as to how the processing for the new purpose is compatible with the original purpose. 

Please note that we may process your Personal Information without your knowledge or consent where this is required or permitted by law. 

How and in what circumstances will ASW disclose my Personal Information? 

ASW discloses Personal Information when it permits that Personal Information to become known outside ASW and it releases it from its effective control. 

ASW may disclose your Personal Information to provide our services to you or to fulfill administrative functions associated with these services. In general, we may disclose your Personal Information for the following purposes: 

  • To provide and market our services or the goods/services of our partners or affiliates;
  • To help us manage and enhance our services;
  • For any purpose for which the information was provided; or
  • Any other purpose related to any of the above and or permitted by law.

Third Party Sites 

When you browse and make use of ASW’s social media pages (such as Meta Platforms, X/Twitter and YouTube), you are using an external site and are therefore subject to the privacy policies and practices of that site. 

If you have any questions or concerns regarding that site’s privacy policies and practices, you should review the privacy statement of the relevant site. 

ASW does not endorse and is not liable and or responsible for third party sites and or any views expressed by third parties using third-party sites. 

ASW records all information posted to its social media pages and uses that information for the purposes of administering the pages, record keeping, considering and/or addressing any comments made and running competitions and campaigns. 

No attempt will be made to further identify social media subscribers except where requested and authorised by law. 

Primary purpose and secondary purposes 

Your Personal Information will only be used and disclosed for the primary purpose for which it was submitted or for such other secondary purpose related to that purpose, unless we disclose other uses in this Privacy Statement or at the time of the collection of that Personal Information. 

We will only make use of or disclose your Personal Information for a secondary purpose if: 

  • you have consented to the use or disclosure of that Personal Information; or
  • you would reasonably expect ASW to use or disclose the Personal Information for the secondary purpose; or
  • the use or disclosure of that Personal Information is required or authorised by or under legislation or court/tribunal order; or
  • a “permitted general situation” as defined in the Privacy Act, exists in relation to the use or disclosure of the Personal Information by ASW; or
  • ASW reasonably believes that the use of the Personal Information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

How do we hold and store your Personal Information? 

ASW strives to ensure the security, integrity and privacy of the Personal Information of its clients, and takes reasonable steps to protect the security of all Personal Information. 

The Personal Information we collect is stored securely in digital formats with security measures. We use a variety of physical and electronic security measures, including restricting physical access to our offices and firewalls and secure databases to keep Personal Information secure from misuse, loss or unauthorised use or disclosure. 

We do not hold hard copies of your Personal Information and any Personal Information collected via hard copy formats is transferred to digital storage and the hard copies are destroyed securely through confidential waste management. 

Where ASW collects your Personal Information online via australiassouthwest.com your email address and Personal Information are stored within Mailchimp and WordPress. 

Mailchimp and WordPress are web-based technology platforms that ASW utilise in order to deliver its services. 

You are able to opt-out or unsubscribe from our email communications at any time via the “unsubscribe” link in any of the marketing emails you receive from us. 

Who can access my Personal Information and what conditions apply to their use of my Personal Information? 

As a general rule, your Personal Information will only be accessed and/or viewed by ASW Board Directors, staff and officers, as and when it is appropriate or
necessary. However, your Personal Information may also be accessed, from time to time, by: 

  • ASW contractors
  • ASW project and/or marketing partners; or
  • ASW suppliers; or Tourism WA.

 

Where a party, other than a Board Director, employee or officer of ASW, has access to the Personal Information of individuals, we will take reasonable steps to ensure that they comply with any applicable Australian Privacy Laws. 

The access and use of your Personal Information by a third party will be restricted to the purpose for which it was first collected and/or to a closely related secondary purpose. 

Unsolicited Personal Information

ASW may receive your Personal Information as unsolicited Personal Information

Unsolicited Personal Information is received by an organisation, such as ASW, where it took no active steps to collect that information. 

When and where ASW receives unsolicited Personal Information, ASW will determine whether it could have collected the information under Australian Privacy Principle 3 of the Privacy Act. Where ASW could not have collected the information consistent
with Australian Privacy Principle 3 ASW will destroy or de-identify the Personal Information as soon as practicable, so long as it is lawful and reasonable for it to do so. 

Direct marketing 

ASW will not use or disclose your Personal Information for the purpose of direct marketing, unless: 

  • we collected the Personal Information from you
  • we obtained your consent to the use or disclosure of the Personal Information for that purpose (except where it was impracticable to do so), including by your use of our website
  • you would reasonably expect ASW to use or disclose the Personal 
  • Information for that purpose;
  • we provide you with an easy to use means of opting out of receiving any further direct marketing communications; and
  • you have not requested that we cease sending you direct marketing communications.

 

If you receive direct marketing communications from ASW or from an associated entity, partner or affiliate, you are entitled to: 

request that you receive no further direct marketing communications from ASW and/or the associated entity, partner or affiliate; and request that ASW disclose the source of the Personal Information.

ASW will facilitate any request by you to opt-out of receiving direct marketing communications and will take reasonable steps to give effect to such a request within a reasonable period of time after the request is made (unless it is unreasonable or impracticable for us to do so). 

When visiting ASW’s website, you may reject all (or some) cookies (except for strictly necessary cookies). More information can be found in ASW’s Cookie Policy

ASW makes use of a number of Google Analytics and Google Advertising Features, including Remarketing. 

If you would like to control or opt out of the application of the Google Analytics or Google Advertising Features, you should refer to Google’s guide(s) on opting out of those feature at: http://www.google.com/intl/en/policies/privacy/

ASW aims to comply with the terms of the Spam Act 2003 (Cth) and will not send unsolicited commercial electronic messages or “spam”. 

You can unsubscribe from our e-mails at any time. You can also contact us and instruct us not to send further information to you. 

Retaining and deleting your Personal Information 

This section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of your Personal Information. 

Retention 

Personal Information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. 

Notwithstanding the other provisions of this section we may retain your Personal Information where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. 

Rectification 

ASW will take reasonable steps to ensure that the Personal Information it collects and discloses is accurate, up to date, complete and relevant. 

You have the right to rectify any inaccurate Personal Information we hold about you and, taking into account the purposes of the processing, to have any incomplete Personal Information about you completed. 

You can make a request for the correction and/or amendment of your Personal Information. 

In the event ASW refuses to correct your Personal Information, ASW will give you a written notice which sets out the reasons for the refusal (except to the extent it would be unreasonable to do so) and the mechanisms available to you to complain about the refusal. 

ASW will take reasonable steps to respond to a request for correction or amendment without undue delay and will not charge you for the making of the request or for the correction of your Personal Information. 

Restrictions and deletion/erasure/destruction  

In some circumstances you have the right to restrict the processing of your Personal Information and or erasure / deletion of your Personal Information. 

There are exclusions to the right to erasure if applicable. 

We will cease to process and or delete the Personal Information if asked to do so unless we can demonstrate compelling legitimate lawful grounds to refuse the request. 

ASW has an internal system that is used to identify Personal Information that is no longer necessary for it to retain and periodically reviews its data in accordance with this system. 

Once the purpose for which the Personal Information was collected expires and/or upon periodic review, ASW will take reasonable steps to destroy the Personal Information or to de-identify the Personal Information, so that it can be retained for statistical purposes. 

Personal Information which is retained for statistical purposes may be used to improve our services. This statistical compilation and analysis of information may also be used by us or provided to others as a summary report for marketing, advertising or research purposes. 

Notifiable data breaches 

Where we become aware of a potential data breach which is likely to result in serious harm to any individuals about whom we hold Personal Information, we will: 

  • investigate the suspected breach and determine the scope of any breach that has occurred and the risk of harm to affected individuals whose information may have been compromised;
  • notify you of the potential breach; and
  • take steps to minimise any harm caused to affected individuals as a result of the breach.

Disclosure of Personal Information to overseas recipients 

Generally, ASW does not disclose the Personal Information of its customers to overseas recipients. 

However, there is a possibility that your Personal Information may be disclosed to an overseas recipient. The location of any recipients will vary depending on the project or purpose concerned. 

In the event that a particular project or development will or may involve the disclosure of Personal Information to an overseas recipient, ASW will take reasonable steps to inform you of that potential use or disclosure. As part of our notification process, ASW will inform you of the location and/or identity of that recipient. 

Contacting ASW 

To seek access to the Personal Information we hold about you, and or request that we correct or delete Personal Information. Please contact ASW on the details, below and make any request in writing. We may request further information about your request if required. 

You may also contact us on the details below if: 

  • you have any questions or concerns about this privacy statement;
  • the way your Personal Information has been handled by ASW; and or
  • to make a query or a complaint relating to this Privacy Statement. 

 

If you remain dissatisfied with the outcome of any request or interaction with us about this Privacy Statement and or your Personal Information, you may refer the matter to the Office of the Australian Information Commissioner. 

Our contact details are: 

 

This Privacy Statement was last updated on 27th February 2024. 

We may amend this Privacy Statement from time to time, with or without notice to you. An updated version of this Privacy Statement will be maintained on our website.

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