Privacy Policy

Policy Statement

It is a policy of The Leaning Oak Holiday Lifestyles that any personal information collected by it is properly managed and protected from misuse. We are 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 The Leaning Oak Holiday Lifestyles will manage personal information it collects and uses in the course of business.

Aims and Objectives

Collection

The Leaning Oak Holiday Lifestyles will not collect personal information unless the information is necessary for one or more of its functions or activities.

The Leaning Oak Holiday Lifestyles 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, The Leaning Oak Holiday Lifestyles will take all reasonable steps to ensure that the individual is aware of:

the identity of The Leaning Oak Holiday Lifestyles 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 The Leaning Oak Holiday Lifestyles 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, The Leaning Oak Holiday Lifestyles will only collect personal information about an individual from that individual.

If we collect personal information about an individual from someone else, The Leaning Oak Holiday Lifestyles 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

The Leaning Oak Holiday Lifestyles 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, The Leaning Oak Holiday Lifestyles may also use or disclose personal information about an individual where such use or disclosure arises in the context of The Leaning Oak Holiday Lifestyles providing its goods and services to the individual (“secondary purpose”). In such cases, The Leaning Oak Holiday Lifestyles will take all reasonable steps to ensure that such use or disclosure aligns with all requirements of National Privacy Principle 2.

Data Quality

The Leaning Oak Holiday Lifestyles 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

The Leaning Oak Holiday Lifestyles will take all reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.

The Leaning Oak Holiday Lifestyles 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, The Leaning Oak Holiday Lifestyles 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 The Leaning Oak Holiday Lifestyles holds personal information about an individual, The Leaning Oak Holiday Lifestyles 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 The Leaning Oak Holiday Lifestyles 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 The Leaning Oak Holiday Lifestyles 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:
1. 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
2. the enforcement of laws relating to the confiscation of the proceeds of crime; or
3. the protection of the public revenue; or
4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
5. 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 The Leaning Oak Holiday Lifestyles 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 The Leaning Oak Holiday Lifestyles in connection with a commercially sensitive decision-making process, The Leaning Oak Holiday Lifestyles may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.

If The Leaning Oak Holiday Lifestyles is not required to provide the individual with access to the information because of one or more of paragraphs (a) to (k) above The Leaning Oak Holiday Lifestyles will, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.

The Leaning Oak Holiday Lifestyles may charge for providing access to personal information. If charges do apply, they will be limited to the costs incurred by The Leaning Oak Holiday Lifestyles in providing that personal information.

If an individual is able to establish that personal information held by The Leaning Oak Holiday Lifestyles is not accurate, complete and up-to-date, The Leaning Oak Holiday Lifestyles will take all reasonable steps to correct the information so that it is accurate, complete and up-to-date.

Where an individual and The Leaning Oak Holiday Lifestyles disagree about whether personal information is accurate, complete and up-to-date The Leaning Oak Holiday Lifestyles 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 The Leaning Oak Holiday Lifestyles denies access to, or refuses correction of, personal information it holds about an individual The Leaning Oak Holiday Lifestyles will provide that individual with reasons.

Identifiers

When identifying an individual, The Leaning Oak Holiday Lifestyles 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.

The Leaning Oak Holiday Lifestyles 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 The Leaning Oak Holiday Lifestyles.

Sensitive Information

The Leaning Oak Holiday Lifestyles 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:
1. is physically or legally incapable of giving consent to the collection; or
2. 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:

The Leaning Oak Holiday Lifestyles and its directors, officers and managers;
all employees, trainees, volunteers, outworkers, apprentices and work experience students of The Leaning Oak Holiday Lifestyles, collectively referred to as “employees”;
all contractors, and employees of contractors, performing work within The Leaning Oak Holiday Lifestyles at the direction of, or on behalf of, The Leaning Oak Holiday Lifestyles; and
all of The Leaning Oak Holiday Lifestyles workplaces and other places where employees or contractors of The Leaning Oak Holiday Lifestyles may be working for or representing The Leaning Oak Holiday Lifestyles.

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 The Leaning Oak Holiday Lifestyles 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 The Leaning Oak Holiday Lifestyles immediately.

Process for Access

An individual may obtain access to their personal information by sending a written request to The Leaning Oak Holiday Lifestyles. If granting access is straightforward, The Leaning Oak Holiday Lifestyles will take all steps to grant access within 14 days of receipt of that written request. If, granting access is more complicated, The Leaning Oak Holiday Lifestyles 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