The objective of this Policy is to protect the privacy of individuals dealing with Us (such as residents and prospective residents) and to explain how We collect, use, disclose and store Personal Information in accordance with the APPs. This Policy also describes why We collect Personal Information and how You can access and correct Personal Information about You. This Policy does not cover information collected about employees.
2. Purpose for which information is collected
We collect Personal Information for one or more of the Primary Purposes. We also collect Personal Information for one or more of the Secondary Purposes but only if it is related to one or the other of the Primary Purposes.
3. Type of information collected
We may collect information or opinions about You in the normal course of Our dealings with You. This information is collected in order to provide services to You. The information may include Your name, gender, contact details, date of birth, details of family members or other information that is required by Us to conduct our dealings with You. Because of the nature of Our services, We also collect Sensitive Information such as Your medical and health information and Your religious belief or affiliations. No Sensitive Information will be collected without Your consent.
4. How We collect information
We collect information, directly from You and from third parties, by means such as application forms, questionnaires, medical certificates, phone and email communications and survey responses. Personal Information provided to Us will always be handled by Us in accordance with this Policy and the APPs, regardless of who provides it.
5. Notification of collection of information
If Personal Information about You is collected from someone other than You and if We are notified that You are not aware that We have collected the Personal Information then We will take reasonable steps to notify You that the Personal Information has been collected and will be dealt with in accordance with this Policy and the APPs.
6. Use or disclosure of Personal Information
We provide services and publications to Our residents and other people and organisations. In order to obtain these services and publications, You will need to submit Personal Information to Us. Further, information that You provide to Us will be stored in a database procured by Us. However, Personal Information provided by You for the purpose of obtaining any services and publications may be tracked, edited and/or disclosed in order to: - provide You with the services, communications and publications You have requested; - help Us develop, improve, manage and administer all of the services and publications We provide to You; - comply with the law; - investigate, respond to and defend claims made against, or involving Us; and - enforce a contract or agreement which We have with You. We may also use Your email address to: - send You follow-ups on services, communications and publications You have enquired about; and - keep You informed of changes to the services and publications offered by Us. We also use the Personal Information that We collect for other purposes such as preparing marketing material and providing resident support. We will also provide certain Personal Information (e.g. Your name and address) to other organisations in the NSW Jewish community (e.g. UIA, JCA, JNF) unless You instruct us in writing not to do so. We will only disclose Your Personal Information to persons or bodies external to Us where permitted by the Act, including in the following circumstances: - where You consent to the disclosure; - where it is unreasonable or impracticable to obtain consent from You and We reasonably believe that the disclosure is necessary to lessen or prevent serious threat to Your life, health or safety; - where disclosure is to a Responsible Person for You; and - where required by law such as under a subpoena issued by a court. Although We seek to deal with reputable third parties, We cannot control, and will not be liable for, any use of Your Personal Information by any third party to whom Your information is sent with Your consent.
7. Direct marketing
We may use Personal Information for direct marketing purposes to inform You, among other things, about events, services, functions, charitable works and other activities through emails and publications. If We have received Personal Information from third parties, We may use or disclose it for direct marketing if You have consented to receiving direct marketing or it is impracticable to obtain that consent. We will also give You the opportunity to opt out of receiving direct marketing communications.
8. Security of Personal Information
We maintain security of digital records through password protection and of physical records through secured storage and restricting access to authorised personnel only.
9. Retention of Personal Information
We retain Personal Information for a period of at least six years from the time Our dealings with You become inactive. At the end of six years, We will take all reasonable steps to destroy or de-identify the Personal Information if: - We no longer need the Personal Information for any use or disclosure permitted by the APPs; - the Personal Information is not contained in a Commonwealth record; and - We are not required under any law or order to continue retaining the Personal Information.
10. Access to Personal Information
You can request to access the Personal Information about You if it is stored by Us. Requests for information may be sent to Us using any of the contact details provided in this Policy. We may refuse to give access to Personal Information under certain circumstances permitted by law, such as where the request for access is frivolous or vexatious, giving access to information is unlawful, or if We suspect unlawful activity or anticipated legal proceedings with You. If We refuse to provide information, We will provide written notice to You that sets out the reasons for refusal unless it is unreasonable to do so.
11. Quality of Personal Information
We are committed to ensure that the Personal Information collected or used or disclosed is reasonably accurate, up-to-date and complete.
12. You may seek correction
If You become aware that the information stored by Us is wrong, You have the right to have such information rectified. This facility is provided free of charge to You. You may rectify the information by providing any necessary documentation. Such details may be supplied by using any of the contact details provided in this Policy. The information will be corrected within a reasonable time after receiving all necessary documents.
13. Notification of correction
If We correct Personal Information about You that We previously disclosed to another organisation and if You request Us to notify that other organisation of the correction, We will take reasonable steps to give that notification unless it is impracticable or unlawful for Us to do so.
The APPs allow for You to deal with Us without the need to identify Yourself or by using a pseudonym. However, considering the nature of Our services, it is impracticable for Us to deal with You if You have not identified Yourself. If We are not able to collect Your Personal Information, We may not be able to provide appropriate services and publications to You.
15. Privacy complaints and enquiries
We welcome feedback about privacy issues and will endeavour to attend to all questions and complaints promptly. You can contact Us about any privacy issues. If You are not satisfied with Our response, a complaint can be lodged with the Office of the Australian Information Commissioner on http://www.oaic.gov.au/privacy/making-a-privacy-complaint or You can call the enquiries line of the Office of the Australian Information Commissioner on 1300 363 992.
16. Definitions In this Policy:
16.1 “Act” means the Privacy Act 1988 (Cth).
16.2 “APPs” means the Australian Privacy Principles as set out in Schedule 1 of the Act.
16.4 “Personal Information” means information or an opinion, 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. Examples include name, address, phone number, email address, credit card number, bank account number, physical traits, hobbies, usage patterns, family members and income.
16.6 “Primary Purpose” means any or all of:
16.6.1 conducting retirement villages by the provision of self-care accommodation;
16.6.2 conducting the day to day business of the conduct of retirement villages;
16.6.3 providing resident support;
16.6.4 attending to resident welfare;
16.6.5 providing resident communiqués;
16.6.6 maintaining accurate resident files;
16.6.7 assessing the eligibility of applicants to become residents of one of the villages managed by BBRV;
16.6.8 performing Our internal administration and record keeping;
16.6.9 receiving feedback and dealing with complaints; and
16.6.10 direct marketing purposes.
16.7 “Responsible Person” has the meaning given to that term under section 6AA of the Act, being:
16.7.1 Your child or sibling;
16.7.2 Your spouse or de factor partner;
16.7.3 Your relative if the relative is at least 18 years old and is or was a member of Your household;
16.7.4 Your guardian;
16.7.5 a person exercising an enduring power of attorney granted by You that is exercisable in relation to decisions about Your health;
16.7.6 a person who has an intimate personal relationship with You; or
16.7.7 a person nominated by You to be contacted in case of emergency.
16.8 “Secondary Purpose” means any or all of:
16.8.1 providing residents’ medical and health information to health professionals in the event of an emergency;
16.8.2 sharing certain Personal Information with, or providing certain Personal Information to, other organisations in the Jewish community in New South Wales (e.g. NSW Jewish Board of Deputies, JCA, UIA, JNF and synagogues) unless You specifically instruct Us not to do so;
16.8.3 confidential alternative dispute resolution processes;
16.8.4 the establishment, exercise or defence of a legal or equitable claim;
16.8.5 Our having reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to Our functions or activities has been, is being or may be engaged in; and
16.8.6 Our being authorised by or under Australian law or a court/tribunal order.
16.9 “Sensitive Information” includes information about Your racial or ethnic origin, health, religious beliefs, criminal record, membership of a trade union or membership of a professional or trade association.
16.10 “We and “Us” means BBRV, and “Ours” has a corresponding meaning.
16.11 “You” means an individual dealing with Us, and “Your” and “Yourself” have corresponding meanings.