The purpose of this document is to set out the policies of the Australian Democracy Network(ADN) in relation to the collection, holding, use and disclosure by ADN of personal information relating to an individual as required by the Privacy Act 1988 (Cth) (Act).
For these purposes, “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.
The types of personal information that ADN collects includes personal information regarding ADN supporters, ADN volunteers, ADN donors, ADN personnel or other persons with whom ADN or a third party has contact in connection with ADN’s activities.
1.1 ADN collects personal information about individuals where that information is necessary for any of the following primary purposes:
1.2 ADN will only collect personal information (other than sensitive information) when the information is reasonably necessary for one or more of ADN’s functions or activities set out in paragraph 1.1.
ADN will only collect personal information by lawful and fair means.
1.3. At or before the time ADN collects personal information about an individual from an individual, or as soon as practicable after, ADN will take such steps as are reasonable to ensure that the individual is aware of:
1.6. ADN uses web analytics to track visits to its website and uses this information to track the effectiveness of its website, like visits, length of visit, viewed pages and the technical configuration of the visitor’s device. While this data is mostly anonymous, sometimes ADN will connect it to an individual, for instance in personalising a webpage, or prefilling a form with the individual’s details. ADN also uses tools that tells it when a computer or device has visited or accessed its content and allows ADN to tailor communications both through its website and paid communications networks based on the individual’s visits or behaviour through cookies on the individual’s device. An individual may control how cookies are used and for what through the settings on their chosen browser.
1.7. ADN will determine within a reasonable period of time whether personal information about an individual which was collected from someone else or personal information which was unsolicited could not have been lawfully collected by the ADN, and:
1.8 ADN will not collect sensitive information about an individual, including information about that individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, or criminal record unless:
2.1 ADN may sometimes use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose. However, ADN will only use or disclose personal information about an individual for a secondary purpose in limited circumstances.
2.2 ADN may use personal information about an individual for a secondary purpose if:
2.3. In this Policy:
consent means voluntary and informed agreement to some act, practice or purpose. ADN will, wherever possible, seek consent from individuals before using their personal information for a secondary purpose. Where ADN deems that a child or young person is unable to give sufficient consent to the use of his or her personal information for a particular purpose, ADN will seek such consent from his or her parent or guardian.
2.4. ADN may use personal information about an individual for the secondary purpose of promoting ADN products, marketing of products or services of third parties with whom ADN has an association, activities, materials, educational resources and competitions to the individual and to inform the individual of issues of environmental significance or sustainability generally (direct marketing).
2.5. ADN may use personal information (other than sensitive information) about an individual for direct marketing if:
2.6. ADN may only use or disclose sensitive information about an individual for the purpose of direct marketing if the individual has consented to the use or disclosure of the information for that purpose.
2.7. ADN may use or disclose personal or sensitive information for the testing of ADN security systems and database performance.
2.8. ADN may disclose personal information to companies who provide services on ADN’s behalf, such as fundraising, mail, database, telephone, digital services, audit, professional advice, payment processing and research services. ADN may also disclose personal information to its volunteers who assist with many of its activities. ADN may also disclose personal information to like-minded organisations,that also wish to achieve democratic outcomes or that we work with in alliances from time to time.
2.9. If ADN uses or discloses personal information about an individual for:
2.10. ADN will not charge any individual for the making of, or to give effect to, such requests.
ADN will take such steps as are reasonable in the circumstances to ensure that the personal information it collects is accurate, complete and up-to-date and, having regard to the purposes of the use or disclosure of the personal information that is collected, relevant.
4.1 ADN will take such steps as are reasonable in the circumstances to protect the personal information it holds from misuse, interference (which may include measures to protect against computer attacks) and loss and from unauthorised access, modification or disclosure.
4.2. ADN will take such steps as are reasonable in the circumstances to destroy or permanently de-identify personal information about an individual that it holds if it is no longer needed for any purpose for which the information may be used or disclosed, and is not required to be retained by law or a court/tribunal order.
5.1. ADN has set out in this document, in an open and transparent way, its policies on the management of personal information. ADN will make this document publicly available on its website at www.acf.org.au and will take reasonable steps to provide a copy of this Policy, free of charge, to anyone who asks for it (see section 12 of this Policy for contact details).
5.2. On request by a person, ADN will take reasonable steps to let the person know, generally, what sort of personal information ADN holds in relation to that person, for what purposes, and how it collects, holds, uses and discloses that information.
6.1. If ADN holds personal information about an individual, ADN will provide the individual with access to the information on request by the individual unless any of the following exceptions apply:
6.2. ADN will respond to an access request within a reasonable period after the request is made and will give access to the personal information in the manner requested by the individual, if it is reasonable and practicable to do so. ADN may, in appropriate circumstances, charge the individual for giving access to the personal information. Such a charge will not be excessive.
6.3. If ADN refuses to give access to personal information in the manner requested by the individual or because one or more of the exceptions apply, ADN will take such steps as are reasonable in the circumstances to give access in a way that meets the needs of ADN and the individual.
6.4. If ADN refuses to give access to personal information in the manner requested by the individual or because one or more of the exceptions referred to in paragraph 6.1 of this Policy apply, ADN will give the individual a written notice that sets out the reasons for the refusal, except to the extent that, having regard to the grounds of refusal it would be unreasonable to do so and the mechanisms available to complain about the refusal (and such other matters prescribed by the regulations). If the reason for refusal is the exception referred to in paragraph 6.1(j) of this Policy, the reasons for refusal may include an explanation for the commercially sensitive decision.
6.5. An individual can request ADN to correct personal information held by ADN. ADN will respond to the request within a reasonable period of time after the request is made and will take such steps as are reasonable in the circumstances to correct the information to ensure that, having regard to the purpose for which it is held, it is accurate, up to date, complete, relevant and not misleading. ADN may also take such steps on its own initiative, if ADN is satisfied, having regard to the purpose for which personal information about an individual is held, it is inaccurate, out of date, incomplete, irrelevant or misleading.
6.6. If ADN refuses to correct the personal information as requested by the individual, ADN will give the individual a written notice that sets out the reasons for the refusal, except to the extent that, having regard to the grounds of refusal it would be unreasonable to do so, and the mechanisms available to complain about the refusal (and such other matters prescribed by the regulations).
6.7. An individual can request ADN to notify another Australian Privacy Principles entity to whom ADN has previously disclosed personal information about the individual, of corrections made to their personal information. ADN will take such steps as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so.
6.8. An individual can request ADN to associate with the information a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. ADN will respond to a request within a reasonable period after the request is made and will take such steps as are reasonable in the circumstances to associate the statement in such a way that will make the statement apparent to the users of the information.
7.1. ADN will not adopt a government related identifier of an individual as its own identifier of the individual unless:
7.2. ADN will not use or disclose a government related identifier of an individual unless:
the use or disclosure of the identifier is reasonably necessary for ADN to verify the identity of the individual for the purposes of the ADN’s activities or functions; or
7.3. In this section 7:
identifier includes a number assigned by ADN to an individual to identify uniquely the individual for the purposes of ADN’s operations. However, an individual’s name or ABN (as defined in the A New Tax System (Australian Business Number) Act 1999) is not an identifier.
Wherever it is not unlawful or impracticable, individuals will have the option of not identifying themselves, or of using a pseudonym, when dealing with ADN. Generally speaking, donations to ADN cannot be made anonymously or using a pseudonym due to ADN’s obligations under taxation, electoral and other laws.
ADN mayyliaise with international organisations in an effort to strengthen links within the international democracy movement or to conduct research projects. Occasionally, ADN may disclose personal information about an individual to someone (other than ADN or the individual) who is in a foreign country.
ADN may also need to store or use personal information in a country other than Australia, usually because one of ACF’s technical systems is located or needs to process data overseas or because a service provider is located overseas.
10.1. ADN will consider complaints made by an individual in relation to:
10.2. An individual may make a complaint about ADN’s handling of the individual’s personal information to the Office Australian Information Commissioner (OAIC). Further information is available on the OAIC website: http://www.oaic.gov.au/privacy/privacy-complaints.
In the event of any unauthorised access or disclosure of an individual’s personal information (including where information is lost in circumstances where unauthorised access or disclosure is likely to occur) that is likely to result in serious harm to an individual, ADN will investigate and notify the individual concerned and the Office of the Australian Information Commissioner as soon as practicable, in accordance with the Privacy Act.
ADN Privacy Officer
Australian Democracy Network