The Act defines “Personal information” as meaning: “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”. This is a very wide definition.
- Information collected and Purpose
1.1 We may collect personal and non-personal information from you when you browse through the website and if you input any personal information into the website.
1.2 Our website automatically gathers the following non-personal information from you:
(a) Your server address.
(b) Your top level domain name.
(c) The pages you accessed and documents downloaded.
(d) The previous website you visited.
(e) type of browser being used.
1.3 The purpose for which we collect the personal and non-personal information is to provide you with the best service experience possible on the website and also to help customise your website experience. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the website.
1.4 We only collect personal information by lawful and fair means and not in an unreasonably intrusive way.
1.5 At or before the time (or, if that is not practicable, as soon as practicable after) we collect personal information from you, we take reasonable steps to ensure that you are aware of:
(a) Our identity and how to contact us, namely:
Nordic Fitness Equipment
c/- 2/13 Blackly Row, Cockburn Central, Western Australia, 6164
Privacy Officer: Mr Cosimo Dagostino
(b) the fact that you are able to gain access to the information; and
(c) the purposes for which the information is collected – we collect personal information for the following purposes:
(i) identifying and corresponding with you and other parties generally to enable us to conduct our business, provide and market our services and to meet our legal and other obligations in respect to the provision of services;
(ii) matters implicit in our management including service monitoring, planning, evaluation and accreditation activities and compliance with quality assurance audits;
(iii) to check details of our clients; and
(iv) generally anything necessary and expedient to achieve the above; and
(d) The organizations (or the types of organizations) to which we usually disclose personal information - the usual persons and organisations to whom personal information is disclosed to are:
(i) our clients and other parties to their transactions and other representatives of those other parties;
(ii) Government Departments and Authorities, Banks and other institutions as necessary to effect transactions;
(iii) our clients’ and our auditors and advisers, including quality auditors and advisers if necessary for them to provide their services or conduct their business;
(iv) contractors for information technology and the like if necessary for them to provide their services to our business, and
(v) other persons or organisations that need to be given personal information in order for us to provide our services and conduct our businesses properly; and
(vi) any law that requires the particular information to be collected; and
(vii) the main consequences (if any) for you if all or part of the information is not provided.
1.6 If it is reasonable and practicable to do so, we collect personal information about you only from you.
1.7 If we collect personal information about you from someone else, we take reasonable steps to ensure that you are, or have been made aware of the matters listed in subclause 1.3.
- Use and Disclosure
2.1 We do not use or disclose personal information about you for a purpose (the secondary purpose) other than the primary purpose mentioned in 1.3(c) above if:
(a) both of the following apply:
(i) the secondary purpose is related to the primary purpose of collection, and
(ii) you would reasonably expect us to use or disclose the information for the secondary purpose; or
(b) you have consented to the use or disclosure; or
(c) the use or disclosure is required or authorised by or under law.
- Data Quality
We take reasonable steps to make sure that the personal information we collect, use and disclose is accurate, complete and up to date.
- Data Security
4.1 We take reasonable steps to protect the personal information we hold from misuse, loss, and from unauthorized access, modification or disclosure.
4.2 We take reasonable steps to destroy or permanently de‑identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed, but we do archive the information.
5.1 This document sets out our policies on the management of personal information. We make this document available to anyone who asks for it. Updated versions will be published at the website.
5.2 On request by a person, we take reasonable steps to let the person know, generally, what sort of personal information we hold, for what purpose, and how we collect, holds, use and disclose that information.
- Access and Correction
6.1 If we hold personal information about you, we provide you with access to the information on your request, except to the extent that:
(a) providing access would have an unreasonable impact upon the privacy of other individuals; or
(b) the request for access is frivolous or vexatious; or
(c) the information relates to existing or anticipated legal proceedings between you and us, and the information would not be accessible by the process of discovery in those proceedings; or
(d) providing access would reveal the intentions of our organisation in relation to negotiations with you in such a way as to prejudice those negotiations; or
(e) providing access would be unlawful; or
(f) denying access is required or authorized by or under law
(g) providing access would be likely to prejudice an investigation of possible unlawful activity; or
(h) providing access would be likely to prejudice:
(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
(ii) the enforcement of laws relating to the confiscation of the proceeds of crime; or
(iii) the protection of the public revenue; or
(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement body; or
(vi) an enforcement body performing a lawful security function asks us not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
6.2 However, where providing access would reveal evaluative information in connection with a commercially sensitive decision-making process, we may give you an explanation for the commercially sensitive decision rather than direct access to the information.
6.3 We are not required to provide you with access to the information because of one or more of paragraphs 6.1(a) to (i) (inclusive), we will, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.
6.4 If we charge for providing access to personal information, those charges:
(a) will not be excessive; and
(b) will not apply to lodging a request for access.
6.5 If we hold personal information about you and you are able to establish that the information is not accurate, complete and up-to-date, we take reasonable steps to correct the information so that it is accurate, complete and up-to-date.
6.6 If we disagree with you about whether the information is accurate, complete and up-to-date, and you may ask us to associate with the information a statement claiming that the information is not accurate, complete or up-to-date, and we will take reasonable steps to do so.
6.7 We will provide reasons for denial of access or a refusal to correct personal information.
7.1 We do not adopt as our own identifier for you, an identifier for you that has been assigned by a Federal Government Agency or agent or contracted service provider thereof. However, it is permissible to use your name or ABN (as defined in the A New Tax System (Australian Business Number) Act 1999) and we may use names as identifiers and may use ABNs sometime in the future.
7.2 We will not use or disclose an identifier assigned to you by an agency, or by an agent or contracted service provider mentioned in subclause 7.1, unless unless:
(a) the use or disclosure is necessary for us to fulfil our obligations to a Federal Government Agency; or
(b) the use or disclosure is required or authorized by or under law; or
(c) the use or disclosure is by a prescribed organization of a prescribed identifier in prescribed circumstances.
7.3 In this clause identifier includes a number assigned by an organization to an individual to identify uniquely the individual for the purposes of the organization’s operations. However, an individual’s name or ABN (as defined in the A New Tax System (Australian Business Number) Act 1999) is not an identifier.
Wherever it is lawful and practicable, you have the option of not identifying yourself when providing personal information to us, but this is rarely feasible.
- Trans-Border Data Flows
As a rule, we do not send information overseas but, in the rare case that we might do so, we only transfer personal information about you to someone (other than us or you) who is in a foreign country if:
(a) your consent to the transfer; or
(b) we reasonably believe that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles of the Act; or
(c) the transfer is necessary for the performance of a contract between you and us, or for the implementation of pre‑contractual measures taken in response to your request; or
(d) the transfer is necessary for the conclusion or performance of a contract concluded in your interest between us and a third party; or
(e) all of the following apply:
(i) the transfer is for your benefit;
(ii) it is impracticable to obtain your consent to that transfer;
(iii) if it were practicable to obtain such consent, you would be likely to give it; or
(f) we have taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles of the Act.
- Sensitive Information
10.1 We do not collect sensitive information about you unless:
(a) you have consented; or
(b) the collection is required by law; or
(c) the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.
10.2 In this clause “Sensitive Information” means:
(a) health information; or
(b) personal information which is also about the individual’s:
(i) racial or ethnic origin;
(ii) political opinions;
(iii) membership of a political association;
(iv) religious beliefs or affiliations;
(v) philosophical beliefs;
(vi) membership of a professional or trade association;
(vii) membership of a trade union;
(viii) sexual preferences or practices, or
(ix) criminal record.