1 PURPOSE OF OUR POLICY
4 HOW INFORMATION IS COLLECTED
4.1 Most information will be collected in association with an individual’s use of our products and services (Nugget’s News), an enquiry about Nugget’s News or generally dealing with us. However we may also receive Personal Information from sources such as advertising, an individual’s own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners. In particular, information is likely to be collected as follows:
4.2 As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual is always aware of when their Personal Information is being collected.
4.3 Where we obtain Personal Information without an individual’s knowledge (such as by accidental acquisition from a client) we will either delete/destroy the information, or inform the individual that we hold such information, in accordance with the Australian Privacy Principles and the GDPR.
5 WHEN PERSONAL INFORMATION IS USED & DISCLOSED
5.1 In general, the primary principle is that we will not use any Personal Information other than for the purpose for which it was collected other than with the individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.
5.2 We will only process Personal Information when we can identify a lawful basis to do so. It is always our responsibility to ensure that we can demonstrate which lawful basis applies to the particular processing purpose.
5.3 The most common lawful bases relied upon are:
5.5 If it is necessary for us to disclose an individual’s Personal Information to third parties in a manner compliant with the Australian Privacy Principles and the GDPR in the course of our business, we will inform you that we intend to do so, or have done so, as soon as practical.
5.6 We will not disclose or sell an individual’s Personal Information to unrelated third parties under any circumstances.
5.7 Information is used to enable us to operate our business, especially as it relates to an individual. This may include:
5.8 The individual shall have the right to object at any time to the processing of their Personal Information for the purpose direct marketing to them, which includes profiling to the extent that it is related to such direct marketing. If we receive such a request, we will stop the processing of Personal Information for direct marketing purposes immediately without charge or penalty.
5.9 There are some circumstances in which we must disclose an individual’s information:
5.11 We may use Personal Information in the use of third-party service providers (such as but not limited Google, Inc., MailChimp from The Rocket Science Group LLC , Zapier, Inc. and Facebook, Inc.) to utilise their services, communicate with an individual and to store contact details about an individual, and generally operate our business. These service providers are domiciled in the United States of America.
6 OPTING “IN” OR “OUT”
6.1 An individual may opt to not have us collect their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when:
6.2 If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us on the details set out in section 11 below.
7 HOW TO ACCESS, UPDATE AND/OR REMOVE INFORMATION
7.2 We will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.
7.3 Nugget’s News uses SSL encryption to store and transfer Personal Information. Despite this, the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us via the internet or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.
7.4 We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws). The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.
7.5 If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.
7.6 We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.
7.7 Where there is a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information, then:
7.8 We will document the facts relating to any security breach, its effects and the remedial action taken, and investigate the cause of the breach and how to prevent similar situations in the future.
8 HOW TO ACCESS AND/OR UPDATE INFORMATION
8.1 Users of Nugget’s News can update their Personal Information from within their Nugget’s News account or profile.
8.2 Subject to the Australian Privacy Principles and the GDPR, an individual has the right to request from us the Personal Information that we have about them, and we have an obligation to provide them with such information within such information as soon as practicable, and by no later than 28 days of receiving the written request. The individual is free to retain and reuse their Personal Information for their own purposes. We may be required to transmit the Personal Information directly to another organisation if this is technically feasible.
8.3 If an individual cannot update its own information, we will correct any errors in the Personal Information we hold about an individual within 28 days of receiving written notice from them about those errors, or two months where the request for rectification is complex.
8.4 It is an individual’s responsibility to provide us with accurate and truthful Personal Information. We cannot be liable for any information that is provided to us that is incorrect.
8.5 Where a request to access Personal Information is manifestly unfounded, excessive and/or repetitive, we may refuse to respond or charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the Personal Information we hold about them. Where we refuse to respond to a request, we will explain why to the individual, informing them of their right to complain to the supervisory authority and to a judicial remedy without undue delay and at the latest within 28 days.
8.6 We may be required to delete or remove all Personal Information we have on an individual upon request in the following circumstances:
8.7 We may refuse to delete or remove all Personal Information we have on an individual where the Personal Information was processed for the following reasons:
9 COMPLAINTS AND DISPUTES
9.1 If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to the details as set out in section 11 below.
9.2 If we have a dispute regarding an individual’s Personal Information, we both must first attempt to resolve the issue directly between us at the first instance.
9.3 An individual shall have the right to seek a judicial remedy where he or she considers that his or her rights under the GDPR have been infringed as a result of the processing of his or her Personal Information in non-compliance with the GDPR. Any proceedings should be commenced in Victoria, Australia.
9.4 If we become aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
10 CONTACTING INDIVIDUALS
10.1 From time to time, we may send an individual important notices, such as changes to our terms, conditions and policies. Because this information is important to the individual’s interaction with us, they may not opt out of receiving these communications.
11 CONTACTING US
11.1 All correspondence with regards to privacy should be addressed to:
The Privacy Officer
39A Brisbane St
Launceston, TAS 7250
You may contact the Privacy Officer by email in the first instance
12 ADDITIONS TO THIS POLICY