Just Like Fish Swim School Pty Limited (ACN 143 547 817) (we, our, us) observes the Australian Privacy Principles, which came into effect on 12 March 2014.
The APPs replace the National Privacy Principles and Information Privacy Principles formerly contained in the Privacy Act 1988 (Cth) (the Act).
The APPs are contained in Schedule 1 of the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) (Amending Act), which amended the Act.
What is Your Personal Information?
- How we collect, protect, hold and disclose (in certain circumstances) Personal Information
- The purpose for which we hold Personal Information
- How you may access your Personal Information and seek correction of such information, if necessary
- Whether we are likely to disclose Personal Information to overseas recipients
- If we are likely to disclose Personal Information to overseas recipients—the countries in which such recipients are likely to be located, and
- How you may complain about a breach of the APPs or a registered APP code (if any) and how we will deal with such a complaint.
How we collect Personal Information
We will generally collect Personal Information directly from you when you use our website, provide details in an enrolment form, deal with us over the telephone, by letter, via e-mail or in the course of us providing services to you.
Personal Information of Minors
We will not collect Personal Information from minors directly. We will only collect Personal Information regarding minors via their parents or other persons with either parental responsibility or legal guardianship over such minors (Authorised Persons).
We reserve the right to require a purported Authorised Person to provide written proof of identity and their relationship with any relevant minor prior to collecting, using, disclosing or otherwise allowing that Authorised Person to access Personal Information we may hold about that minor.
Information we hold about you
Normally, the type of Personal Information we collect will include:
- Telephone numbers;
- Bank details; and
- Email addresses.
Anonymity and pseudonymity
Under the APPs, you do have the option of not identifying yourself, or using a pseudonym, when dealing with us in relation to a particular privacy matter.
However, this option may not be available to you if, in relation to a privacy matter:
- We are required or authorised by or under an Australian law, or a court / tribunal order, to deal with individuals who have identified themselves, or
- It is impracticable for us to deal with the matter if you have not identified yourself or who have used a pseudonym.
The purposes for which we hold your Personal Information
We collect your Personal Information for some or all of the following purposes:
- To monitor or improve the quality and standard of service we provide to you or our other clients
- To use your bank information for direct debit payments for our services
- To communicate with you electronically, by telephone or mail in relation to our services or special offers that may be of interest to you;
- To contact you, your next of kin or any other person you have nominated for us to contact in the event of an emergency,
(collectively, the Purposes).
We regard these purposes as reasonably necessary for, or directly related to, one or more of our functions or activities as a service provider.
We will not collect sensitive information from you (as that term is defined in the Act), unless we seek your consent and only if collection of such sensitive information is required in order to fulfil one or more of our services for you.
If you do not provide any information requested, we may not be able to provide services you have engaged us to provide to you.
We may collect Personal Information about you from a third party source. However, we will only do so with your consent, taking reasonable steps to contact you as soon as practicable after we collect such Personal Information.
Use or disclosure of your Personal Information
We will use and disclose your Personal Information for the primary purpose for which you provided your Personal Information to us.
Otherwise, we may use or disclose your Personal Information for some other purpose, however only where:
- You would reasonably expect the us to use or disclose the information for the secondary purpose and the secondary purpose is:
- If the information is sensitive information—directly related to the primary Purposes; or
- If the information is not sensitive information—related to the primary Purposes; or
- The use or disclosure of your Personal Information is required or authorised by or under an Australian law or a court / tribunal order, or
- A permitted general situation exists in relation to the use or disclosure of the information by us, or
- We reasonably believe that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
We do not disclose Personal Information we collect from you to third parties for the purpose of allowing such third parties to directly market products and services to you.
Quality of Personal Information
We will take such steps (if any) as are reasonable in the circumstances to ensure that
Personal Information we collect about you is accurate, up to date and complete.
We will take such steps (if any) as are reasonable in the circumstances to ensure that the Personal Information we use or disclose is accurate, up to date, complete and relevant.
Personal Information about others
Access to Personal Information
If requested, we will provide you with access to your Personal Information held by us, subject to any limitations or exceptions set out in the APPs.
We will deal with your request for access within a reasonable time and in the manner requested by you, if it is reasonable and practicable to do so.
If we refuse to provide you with access to your Personal Information, we will provide you with reasons for the refusal, in accordance with the APPs.
We note there are exceptions to providing you access to your Personal Information set out in APP 12.3, most notably:
- We reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety
- Giving access would have an unreasonable impact on the privacy of other individuals
- The request for access is frivolous or vexatious
- The information relates to existing or anticipated legal proceedings between us and you, and would not be accessible by the process of discovery in those proceedings
- Giving access would reveal the intentions of the entity in relation to negotiations with the individual in such a way as to prejudice those negotiations
- Giving access would be unlawful
- Denying access is required or authorised by or under an Australian law or a court / tribunal order
- Giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body, or
- Giving access would reveal evaluative information generated by us in connection with a commercially sensitive decision-making process.
If your Personal Information is inaccurate, out of date, incomplete, irrelevant or misleading and you request us to correct your Personal Information, we will take such steps as are reasonable in the circumstances to correct your Personal Information to ensure that it is accurate, up to date, complete, relevant and not misleading.
Subscription to our email newsletter
If you become a subscriber to our website via our website or Facebook page, you will receive emails or other electronic communications containing information about our services and those services offered by our Authorised Recipients. Of course, you are not obliged to sign up as a subscriber when visiting our website. If you do opt to become a subscriber, you may ‘opt out’ at any time from receiving email or other electronic communications by using the designated ‘unsubscribe’ function.
Security of your Personal Information
We take such steps as are reasonable in the circumstances to protect your Personal information from misuse, interference, loss, unauthorised access, modification or disclosure.
Specifically, Personal Information is stored in hard copy or electronically in our data information storage systems. Accordingly, we maintain physical security, as well as network and computer security over paper and electronic data information storage systems.
If we hold your Personal Information and:
- We no longer need your Personal Information for any purpose, or
- We are not required by or under an Australian law, or a court /tribunal order, to retain your Personal Information,
we will take such steps as are reasonable in the circumstances to destroy your Personal Information or to ensure that your Personal Information is de-identified.
Complaints and other queries
- Have a complaint about our handling of your Personal Information
- Any questions regarding our collection, use or disclosure of your Personal Information
- Wish to access your Personal Information, or
- Want us to update or correct your Personal Information,
please contact our Privacy Officer by emailing email@example.com or telephoning (02) 49157100.
We will respond to your query or complaint within in a reasonable time and take all reasonable steps in the circumstances to resolve the matter in a timely manner.