At Out Travel Group Pty Ltd (‘Out Travel Group’), we are committed to protecting your privacy, including the information we receive about you. The following policy explains how we will collect and use information about you, and how we will fulfil our obligations to you under the Privacy Act 1988 (Australia) (‘the Act’) and the National Privacy Principles that form part of the Act.
When you are participating in an Out Travel Group associated activity, we may collection personal and sensitive information about you. Our collection of information will be fair and not intrusive and we will only collect information that is necessary for the purpose that it is being collected. Additionally, we will ensure that we:
(a) identify ourselves;
(b) explain why we are collecting the information;
(c) tell you whether and how you can access the information;
(d) tell you who we may share the information with; and
(e) inform you of the consequences if you do not provide all or part of the information we request.
Sometimes we may collect information about you from third parties. In these circumstances we will take reasonable steps to ensure that you are aware of (a) to (e) above.
Use and disclosure
We may use or disclose the information that we collect about you for a secondary purpose. These circumstances include:
(a) where the secondary purpose of collection is related to the primary purpose and it would be reasonable for you to expect that we use or disclose the information for the secondary purpose;
(b) you have consented to the use or disclosure;
(c) the information is not sensitive, the secondary purpose is direct marketing and
i. you have not requested that we do not send you direct marketing communications;
ii. we give you the opportunity to decline future direct marketing communications at no cost to you; and
iii. it is impractical for us to seek your consent before the use;
(d) we reasonably believe that the use and/or disclosure is necessary to lessen or prevent a serious and imminent threat to a person’s life or health;
(e) we reasonably suspect that unlawful activity has been, is being or may be engaged in, and our use and/ or disclosure of the information is necessary for our investigation of the matter or the reporting of it to relevant authorities;
(f) we are required or specifically authorized by law; or
(g) it is reasonably necessary for the enforcement of a criminal law, a law imposing a pecuniary penalty, or for the protection of the public revenue.
We will take reasonable steps to unsure that personal information we hold about you is accurate, complete and up to date when collected and used.
We will take reasonable steps to ensure that personal information we have collected about you is kept safe from misuse, loss and unauthorized access. We will destroy or permanently de-identify personal information about you that we have collected and which is no longer needed for the purposes that it may legally be used or disclosed.
This policy has been prepared to inform you of the Out Travel Group’s management of personal information.
Upon request, we will take reasonable steps to let you know what personal information we hold about you, for what purposes we hold it, how we collect it, how we hold it, and how we use of disclose it.
Access and Correction
We will provide access and the information we hold about you upon request except in circumstances where:
(a) providing access would pose a serious and imminent threat to the life or health of any individual; or
(b) providing access would have an unreasonable impact upon the privacy of other individuals; or
(c) the request for access is frivolous or vexatious; or
(d) the information relates to existing or anticipated legal proceedings between us and yourself, and the information would not be accessible by the process of discovery in those proceedings; or
(e) providing access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or
(f) providing access would be unlawful; or
(g) denying access is required or authorised by or under law; or
(h) providing access would be likely to prejudice an investigation of possible unlawful activity; or
(i) providing access would be likely to prejudice:
i. 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
ii. the enforcement of laws relating to the confiscation of the proceeds of crime; or
iii. the protection of the public revenue; or
iv. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
v. 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
(j) an enforcement body performing a lawful security function asks the organisation not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
Where providing access would reveal evaluative information generated within Out Travel Group in connection with a commercially sensitive decision-making process, we may give you an explanation for the commercially sensitive decision rather than direct access to the information.
If we provide you with such an explanation and you believe that direct access to the evaluative information is necessary to provide a reasonable explanation of the reasons for the decision.
Wherever the provision of direct access is impractical or inappropriate, Out Travel Group and you should consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.
If we levy charges for providing access to personal information, those charges will not be excessive and will not apply to lodging a request for access.
If we hold personal information about you and you are able to establish that the information is not accurate, complete and up to date, we will take reasonable steps to correct the information so that it is accurate, complete and up to date.
If you and Out Travel Group disagree about whether the information is accurate, complete and up to date, and you ask us to associate with the information a statement claiming that the information is not accurate, complete or up to date, we will take reasonable steps to do so.
We will provide reasons for denial of access or correction.
We will not adopt as our own identifier an identifier that has been assigned by a government agency (or by an agent of, or contractor to, a government agency acting in its capacity as agent or contractor).
Wherever it is lawful and practicable, you will have the option of not identifying yourself when entering into transactions with us.
Transborder data flows
We will not transfer personal data outside Australia unless:
(a) we reasonably believe that the recipient of the information is subject to a statute, binding scheme or contract which effectively upholds principles for fair information handling that are substantially similar to these rules; or
(b) you consent to the transfer; or
(c) the transfer is necessary for the performance of a contract between you and Out Travel Group, or for the implementation of pre-contractual measures taken in respect to your request; or
(d) the transfer is necessary for the conclusion or performance of a contract concluded in your interest between Out Travel Group and a third party; or
(e) the transfer is for your benefit and, whilst it is not practicable to obtain your consent to that transfer, you would likely give consent if it were practicable; or
(f) we have taken reasonable steps to ensure that the information which we have transferred will not be collected, held, used or disclosed by the recipient of the information inconsistently with these rules.
We will not collect personal information about you which reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or details of health, disability or sexual activity or orientation unless:
(a) you have consented; or
(b) the collection is required or specifically authorised by law; or
(c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the subject of the information is physically or legally incapable of giving consent; or
(d) the collection is necessary for the establishment, exercise or defence of a legal claim.