1.1 Melbourne River Cruises
Melbourne River Cruises from time to time gathers information from Customers and other parties with whom we deal for a variety of reasons including, in particular, to enable us to improve the nature of the services we provide. Melbourne River Cruises understands individuals’ concerns regarding confidentiality and takes seriously its obligations in respect of all information it gathers.
2. WHY MELBOURNE RIVER CRUISES COLLECTS PERSONAL INFORMATION
2.1 Nature of Information
2.2 Collection of Information
In accordance with the National Privacy Principles (NPPs), where practical, Customers of Melbourne River Cruises may deal with Melbourne River Cruises on an anonymous basis. However, as a provider of a wide range of services, Melbourne River Cruises frequently finds that it is necessary to collect Personal Information during the course of transactions.
Personal Information may be collected about Customers via the following means:
- (a) competition entry forms;
- (b) application forms;
- (c) email;
- (d) websites (including in some instances cookies);
- (e) online transactions;
- (f) networking functions (eg: business cards);
- (g) over the phone;
- (h) credit card details via credit card purchases; and
- (i) information collected from third parties.
2.3 Information given to Customers
When Personal Information is collected from a Customer, they are advised at the time of collection or as soon as practical after its collection as to:
- (a) Melbourne River Cruises ‘ contact details;
- (b) the purpose of collection;
- (c) the fact that the Customer can gain access to the Personal Information;
- (d) the types of organisations to which their Personal Information may be disclosed;
- (e) any law that requires the Personal Information to be collected; and
- (f) the key consequences if all or some of the information cannot be collected.
Where Melbourne River Cruises collects Personal Information about a Customer from a third party, and the Customer has not previously consented to that third party providing the information to Melbourne River Cruises, Melbourne River Cruises will, where reasonable and practical, provide the Customer with the following information about that third party:
- (g) the third party’s contact details;
- (h) the purpose of collection;
- (i) the fact that the Customer can gain access to the Personal Information;
- (j) the types of organisations to which their Personal Information may be disclosed by that third party;
- (k) any law that requires the Personal Information to be collected; and
- (l) the key consequences if all or some of the information cannot be collected.
2.4 ‘sensitive information’
Melbourne River Cruises will not ask a Customer for information revealing 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) the Customer provides their consent;
- (b) the collection of that information is specifically authorised by law;
- (c) the collection is necessary to lessen a serious or imminent threat to the health or safety of a person; or
- (d) the collection of the information is necessary for the establishment, exercise or defence of a legal claim.
2.5 Customer consent
Wherever practical, Melbourne River Cruises will obtain the express consent of Customers to the collection of Personal Information.
In some situations, Melbourne River Cruises will interpret a Customer’s actions as indicating that a Customer consents to the collection of Personal Information. This may occur where the Customer has provided Personal Information for a particular purpose and that purpose cannot be achieved without Melbourne River Cruises making use of the Customer’s Personal Information.
2.6 What happens if Personal Information is not provided
Where relevant, Melbourne River Cruises will endeavour to make Customers aware that Melbourne River Cruises may not be able to provide a proper service to them if Personal Information is not provided upon request.
3. MAINTENANCE AND MANAGEMENT OF PERSONAL INFORMATION
3.1 Who may view Personal Information
In general, only officers, employees or contractors of Melbourne River Cruises may view Personal Information.
Melbourne River Cruises will only grant access to parties other than Melbourne River Cruises’ officers, employees and contractors to view Personal Information where Melbourne River Cruises believes that access is necessary to achieve the purpose for which the Personal Information was collected.
Melbourne River Cruises will only disclose Personal Information to parties other than Melbourne River Cruises’ officers, employees and contractors if:
- (a) that disclosure is required to give effect to the purposes for which Melbourne River Cruises collected the Personal Information;
- (b) the Customer has consent to that disclosure;
- (c) Melbourne River Cruises believes that the disclosure may lessen a risk of harm to the health or safety of any person;
- (d) Melbourne River Cruises believes an unlawful activity is being undertaken and the Personal Information is disclosed as part of Melbourne River Cruises ‘ investigation into this activity;
- (e) Melbourne River Cruises is required by law to disclose the Personal Information; or
- (f) the disclosure is required for the enforcement of a criminal law or a law imposing a pecuniary penalty or for the protection of public revenue.
Melbourne River Cruises does not use any prohibited identifiers (such as a tax file number) to identify its Customers.
3.3 Storage and Security
Personal Information may be stored in either hard copy form or on computer or both. Hard copy Personal Information is wherever practical, kept under locked security. Personal Information stored on computer is wherever practical, password protected. Where possible and practical, Melbourne River Cruises will endeavour to comply with recognised Australian and international standards relating to information security. Melbourne River Cruises regularly deletes and de-identifies Personal Information if the information is no longer needed by Melbourne River Cruises.
3.4 Updating Personal Information
Melbourne River Cruises regularly monitors the quality and accuracy of Personal Information that it maintains and where practical, updates that information on a regular basis.
Melbourne River Cruises has adopted the position proposed by the Privacy Commissioner that a young person is able to give their consent when he or she has a sufficient understanding and maturity to understand what is being proposed. Where Melbourne River Cruises is aware that it is gathering information from a minor, Melbourne River Cruises will obtain consent from a legal guardian for the collection of the information. Where this is not possible, Melbourne River Cruises’ staff will make a determination as to the minor’s understanding of why the Personal Information is being collected, before deciding to collect that information.
6. DIRECT MARKETING
- (a) advise the Customer that he or she can be taken off the mailing list at any time; and
- (b) display its contact details clearly in each direct marketing publication.
Customers may be taken off any mailing list by contacting Melbourne River Cruises’ head office.
7. ACCESS TO PERSONAL INFORMATION
Customers may access their Personal Information by contacting Melbourne River Cruises ‘head office. Access is generally granted within 30 days of that request. Melbourne River Cruises may impose a reasonable charge for access.
8. WHEN MELBOURNE RIVER CRUISES MAY WITHHOLD ACCESS TO PERSONAL INFORMATION
8.1 When access can be withheld
Access to Personal Information may be withheld in a number of circumstances. These include where:
- (a) providing access would pose a serious and imminent threat to the life or health of a person;
- (b) providing access would have an unreasonable impact on the privacy of others;
- (c) the information is subject to confidentiality where the person who provided the information to Melbourne River Cruises did so expressly on the condition that it remains confidential;
- (d) the request is vexatious or frivolous;
- (e) the information relates to current or anticipated legal proceedings between Melbourne River Cruises and the person and the information would not be required to be discovered to a court;
- (f) Melbourne River Cruises is in commercial negotiations with the person and the information would reveal Melbourne River Cruises ‘ intentions;
- (g) providing access would be unlawful or Melbourne River Cruises is required by a law to withhold access; or
- (h) providing access could prejudice the investigation or detection by Melbourne River Cruises or by a government body of an unlawful activity or some serious or improper misconduct.
Where Melbourne River Cruises does withhold Personal Information, Melbourne River Cruises may instead choose to give the Customer a summary of that information.
8.2 Written reasons
If Melbourne River Cruises does withhold Personal Information, Melbourne River Cruises will provide written reasons.
8.3 Third party intermediary
If Melbourne River Cruises withholds access to Personal Information, Melbourne River Cruises will consider whether the provision of access to an independent third party will meet Melbourne River Cruises ‘ and the relevant Customer’s needs.
10. MODIFICATIONS TO THIS DOCUMENT