We take privacy seriously
This policy has been drafted having regard to Cotchy obligations under the Privacy Act 1988 (including the new National Privacy Principles) (the Privacy Act). This Policy is a public document and has been prepared in light of National Privacy Principle 5, Openness.
1.1 Cotchy will only collect Personal Information where the information is necessary for Cotchy to perform one or more of its functions or activities. In this context, “collect” means gather, acquire or obtain by any means, the information in circumstances where the individual is identifiable or identified.
1.2 Cotchy collects Personal Information primarily to supply customers with the products and services ordered from it and its related companies. Cotchy also collects and uses Personal Information for secondary purposes including:
- Billing and account management
- Business planning and product development; and
- To provide individuals with information about promotions, as well as the products and services of Cotchy affiliated companies and other organisations.
- You can opt-out of the collection and use of information for ad targeting. A mechanism for exercising such choice can be found on the following sites http://www.youronlinechoices.com.au/ . More information can be found about cookies at http://www.aboutads.info/choices and http://www.youronlinechoices.eu/).
- You can change your browser settings to limit which cookies can be set. These settings are usually found in the ‘options’ or ‘preferences’ menu for your browser. Further information can be found here or in the ‘Help’ menu of your browser:
- Cookie settings in Internet Explorer
- Cookie settings in Chrome
- Cookie settings in Firefox
- Cookie settings in Safari
- However, if you change your settings and block cookies, this will mean that certain features on our Site cannot be provided to you and you may not be able to take full advantage of all of our Site’s features.
1.3 Cotchy will not collect Sensitive Information from individuals except with consent and only where it is necessary for Cotchy to collect such information for an activity or function.
1.4 Cotchy will not collect Personal Information secretly or in an underhanded way.
1.5 Cotchy will take steps to ensure that individuals on purchased lists are or have been notified of the information as outlined at 1.3.
2.1 Cotchy will obtain an individual’s consent for Use of non-sensitive Personal Information for Secondary Purposes at the time of collection unless the Use is a related Secondary Purpose which would be within the relevant individual’s Reasonable Expectations.
2.2 Cotchy Uses Personal Information primarily for the purposes listed in 1.2 above.
2.3 If Cotchy relies on the Direct Marketing exception to Direct Market to individuals it will ensure that:
- the individual is clearly notified of their right to Opt Out from further Direct Marketing;
- there is only one Use of the information before the Opt Out right is given and this Use applies across all Cotchy and Related Bodies Corporate (if the information is shared between those Related Bodies Corporate);
- the individual is given an Opt Out in all further instances of Direct Marketing if they have not previously chosen to Opt Out; and
- if the individual Opts Out of all Direct Marketing the Opt Out will be respected by Cotchy and Related Bodies Corporate.
2.4 Cotchy will not use Sensitive Information for Direct Marketing.
2.5 Cotchy may use Personal Information to avoid an imminent threat to a person’s life or to public safety. It may also use Personal Information for reasons related to law enforcement or internal investigations into unlawful activities.
2.6 Cotchy will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.
3.1 Cotchy may Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual. This will include obtaining the individual’s consent for Disclosures made under the credit reporting requirements of the Privacy Act.
3.2 Cotchy may Disclose Personal Information between Related Bodies Corporate. Where information is Disclosed to such a Related Body Corporate, that Related Body Corporate is bound by the original Primary Purpose for which the information was collected.
3.3 Cotchy may Disclose Personal Information to unrelated third parties to enable outsourcing of functions (such as billing, customer relations management and order fulfilment), where that is Disclosure or Use for a related Secondary Purpose and has been notified to individuals or where such Disclosure is within the individual’s Reasonable Expectations.
3.4 Cotchy will take reasonable steps to ensure that its contracts with third parties include requirements for third parties to comply with the Use and Disclosure requirements of the Privacy Act.
3.5 Cotchy may Disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.
3.6 Cotchy may Disclose Personal Information to avoid an imminent threat to a person’s life or to public safety.
3.7 If a Disclosure is not for a Primary Purpose; is not for a related Secondary Purpose; or upfront consent has not been obtained, Cotchy will not Disclose Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above.
3.8 Cotchy does not generally sell or share its customer lists on a commercial basis with third parties but if it did, it would only do so if we had the appropriate consent of the individual involved. If the consent provided is conditional, Cotchy will take steps to ensure (by contract) that the use of its customer list by third parties does not exceed the scope of the consent.
- INFORMATION QUALITY
4.1 Cotchy will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.
4.2 Cotchy will take steps to destroy or de-identify Personal Information after as short a time as possible and after a maximum of seven years from the date of the last customer interaction, unless the law requires otherwise.
- INFORMATION SECURITY
5.1 Cotchy requires employees and contractors to perform their duties in a manner that is consistent with Cotchys legal responsibilities in relation to privacy.
5.2 Cotchy will take all reasonable steps to ensure that paper and electronic records containing Personal Information are stored in facilities that are only accessible by people within Cotchy who have a genuine “need to know” as well as “right to know”.
5.3 Cotchy will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained.
- ACCESS AND CORRECTION
6.1 Cotchy will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act.
6.2 Cotchy will correct its records containing Personal Information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.
6.3 Individuals wishing to lodge a request to access and/or correct their Personal Information should do so by contacting Cotchy Customer Service, as per the details on the website.
6.4 Cotchy can charge a fee for processing an access request but will generally not do so unless the request is complex or is resource-intensive.
7.1 The Cotchy Office Manager will be the first point of contact for inquiries about privacy issues. Individuals wishing to make an inquiry or complaint regarding privacy, should do so by contacting the Cotchy Accounting Office Manager, as per the details on the Cotchy website.
- ANONYMOUS TRANSACTIONS
8.1 Cotchy will not make it mandatory for visitors to its web sites to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. Cotchy may, however, request visitors to provide Personal Information voluntarily to Cotchy (for example, as part of a competition or questionnaire).
- TRANSFERRING PERSONAL INFORMATION OVERSEAS
9.1 Cotchy will take reasonable steps to limit the amount of Personal Information it sends to unrelated organisations overseas.
9.2 If Personal Information must be sent by Cotchy overseas for sound business reasons, Cotchy will require the overseas organisation receiving the information to provide a binding undertaking that it will handle that information in accordance with the National Privacy Principles, preferably as part of the services contract.
Collection Information means the information outlined in 1.3 notified to individuals prior to, or as soon as practical after, the collection of their Personal Information.
Direct Marketing means the marketing of goods or services through means of communication including written, verbal or electronic means. The goods or services which are marketed may be those of Cotchy or a Related Body Corporate or those of an independent third party organisation.
Disclosure generally means the release of information outside Cotchy, including under a contract to carry out an “outsourced function”.
Opt Out means an individual’s expressed request not to receive further Direct Marketing.
Personal Information means information or an opinion (including information or an opinion forming part of a database), 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.
Primary Purpose is the dominant or fundamental reason for information being collected in a particular transaction.
Reasonable Expectation means a reasonable individual’s expectation that their personal information might be Used or Disclosed for the particular purpose.
Related Body Corporate means that where a body corporate is:
- a holding company of another body corporate;
- a subsidiary of another body corporate; or
- a subsidiary of a holding company of another body corporate, the first mentioned body corporate and the other body corporate are deemed to be related to each other.
Sensitive Information means:
- information or an opinion about an individual’s:
- racial or ethnic origin; or
- political opinions; or
- membership of a political association; or
- religious beliefs or affiliations; or
- philosophical beliefs; or
- membership of a professional or trade association; or
- membership of a trade union; or
- sexual preferences or practices; or
- criminal record;
- Health Information about an individual.
- Health Information about an individual.
Use means the handling of Personal Information within Cotchy.