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Privacy Policy – Australia and New Zealand

Last updated January 2020

Walker Wayland Australasia Limited ACN 128 386 845, Walker Wayland Australasia Limited NZCN 2095420 and Walker Wayland Limited NZCN 2290693 and their Related Bodies Corporate (as defined by the provisions of the Australian Corporations Act 2001 (Cth)) (Walker Wayland)

In this Privacy Policy, the expressions “Walker Wayland”, “we“, “us” and “our” are a reference to Walker Wayland Australasia Limited ACN 128 386 845, Walker Wayland Australasia Limited NZCN 2095420 and Walker Wayland Limited NZCN 2290693 and their Related Bodies Corporate (as defined by the provisions of the Australian Corporations Act 2001 (Cth)).

We voluntarily comply with the Australian Privacy Principles and the Privacy Act 1988 (Cth) and, as applicable, the New Zealand Privacy Act 1993 (together, “Privacy Law”). The Privacy Law governs the way private sector organisations collect, use, keep secure and disclose personal information (as defined in Section 1).

The purpose of this Privacy Policy is to generally inform people of:

  • how and when we collect personal information;
  • how we use and disclose personal information;
  • how we keep personal information secure, accurate and up-to-date;
  • how you (as an individual) can access and correct your personal information; and
  • how we will facilitate or resolve a privacy complaint.

If you have any concerns or complaints about the manner in which your personal information has been collected, used or disclosed by us, we have put in place an effective mechanism and procedure for you to contact us so that we can attempt to resolve the issue or complaint.  Please see Section 11 for further details.

If you have any concerns or questions, please contact us at: stephen.roger@wwaustralasia.com or write to us at Level 11, Suite 11.01, 60 Castlereagh Street, Sydney NSW Australia 2000 and our group privacy officer will then try to resolve the issue.

We recommend that you keep this information for future reference.

 

  1. What is personal information?

“Personal information” means any information or an opinion about an identified individual, or an individual who is reasonably identifiable:

  • whether the information or opinion is true or not; and
  • whether the information or opinion is recorded in a material form or not.

 

  1. The kinds of personal information collected, used and disclosed by Walker Wayland

We will only use or disclose your personal information for the primary purposes for which it was collected or as consented to by you.

At or around the time we collect personal information from you, we will endeavour to provide you with a notice which details how we will use and disclose that specific information.

We set out some common collection, use and disclosure instances in the table below.

 

Purpose Type of Information Uses Disclosures
General enquiries / expressions of interest Information collected about you when you make a general enquiry with us (whether via phone, email or our website), including as applicable:

  • Contact information:
    • Such as your name, email address, phone number
    • If you have expressed an interest in becoming a member of Walker Wayland, we will also collect: company name, primary company contact, signature of primary contact, details about employees of the company (which may or may not include the employees’ personal information, depending upon your responses)
  • Any information you voluntarily provide in the content of your enquiry
  • Customer Service: Information collected by our customer services department.
  • If you are a visitor to our website, www.wwaustralasia.com, we will also collect your server address, domain name and data and time of your visit to our website (which may identify you, depending upon the other information we hold about you).
The types of uses we will make of personal information collected for this type of purpose include:

  • Services:
    • Considering and replying to your enquiry and managing the same, quality assurance purposes
    • If necessary, considering your expression of interest, undertaking an initial assessment of eligibility and suitability for membership
  • General administrative use:
    • The use for the administration and management of Walker Wayland.
    • The maintenance and development of our products and services, business systems and infrastructure.
    • In connection with the sale of any part of Walker Wayland’s business or a company owned by a Walker Wayland entity.
    • To provide customer services and for quality assurance purposes.
The types of disclosures we will make of personal information collected for the type of purposes listed include, without limitation, to:

  • Service providers (including IT service providers and consultants) who assist Walker Wayland in providing our products and services.
  • Related bodies corporate of Walker Wayland (including related entities).
  • Third parties in connection with the sale of any part of Walker Wayland’s business or a company owned by a Walker Wayland entity.
  • As required or authorised by law.
Members (or applicants for membership) Information collected about you when you make an application to become a member of Walker Wayland includes as applicable:

  • Contact information: The same information as for an expression of interest as well as: names of partners or directors in the Company
  • Any information offered in the content of your application
  • Customer Service: Information collected by our customer services department.
  • If you are a visitor to our website, www.wwaustralasia.com, we will also collect your server address, domain name and data and time of your visit to our website (which may identify you, depending upon the other information we hold about you)
The types of uses we will make of personal information collected for this type of purpose include:

  • The same as for “General enquiries / expressions of interest”
  • Processing your application for membership with us, and verifying details provided
  • Notifying you of your successful application
  • Notifying our other members of your addition as a member
  • Same as for “General enquiries”
  • Members (your company name and contact details only)
Marketing and testimonials
  • Contact information: The same information as for “General Enquiries”
  • Contact details and testimonials: If you agree to be engaged for testimonial purposes for inclusion in our promotional material, your photograph, name, testimonial and any other personal information you disclose on our Consent to Release Image or Recording Form and in any recordings themselves.

 

  • General marketing and member analytics:
    Using your personal information:

    • To aggregate with other information and to then use it for marketing and consumer analytics.
    • To offer you updates on products, events or information that may be of interest to you.
    • For Marketing and promotional activities by us (including by direct mail, SMS and email) such as our email alerts, product awareness information and newsletters.

 

 

  • We may disclose your personal information to third parties connected with the marketing process who assist us in providing our products and services to you.
  • All other personal information you provide to us as part of your engagement may be disclosed as follows:
    • Service providers (including IT service providers and consultants) who assist Walker Wayland in providing our products and services.
    • Related bodies corporate of Walker Wayland (including related entities).
    • Third parties in connection with the sale of any part of Walker Wayland’s business or a company owned by a Walker Wayland’s entity.
  • We will also disclose your personal information as required or authorised by law.

 

 

  1. How Walker Wayland collects and holds personal information

3.1 Collection generally

As much as possible or unless provided otherwise in this Privacy Policy or a notification, we will collect your personal information directly from you. Where we are collecting information from a company (such as in application for membership), the company may supply personal information about you on your behalf.

When you engage in certain activities, such as by submitting an online enquiry, we may ask you to provide certain information.  It is completely optional for you to engage in these activities.

Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary.  If you do not provide the mandatory information or any other information we require in order for us to provide our products or services to you, we may be unable to provide our products or services to you in an effective manner, or at all.

3.2 Other collection types

We may also collect personal information about you from other sources. Some examples of these alternative collection events are:

  • when we collect personal information about you if we are required to conduct a personal criminal check or credit check; or
  • when we collect personal information about you from publically available sources including but not limited to, court judgments, directorship and bankruptcy searches, Australia Post or New Zealand Post (as applicable), White Pages directory, and social media platforms (such as Facebook, Twitter, Google, Instagram, LinkedIn etc).

3.3 Notification of collection

If we collect details about you from someone else, we will, whenever reasonably possible, make you aware that we have done this and why, unless special circumstances apply.

Generally speaking, we will not tell you when we collect personal information about you if collected from publicly available sources (as listed in paragraph 3.2(b) above) and as otherwise required or authorised by law.

3.4 Unsolicited personal information

In the event we collect personal information from you, or a third party, in circumstances where we have not requested or solicited that information (known as unsolicited information), and it is determined by Walker Wayland (in its absolute discretion) that the personal information is not required, we will destroy the information or ensure that the information is de-identified.

In the event that the unsolicited personal information collected is in relation to potential future employment with Walker Wayland, such as your CV, resume or candidacy related information, and it is determined by Walker Wayland (in its absolute discretion) that it may consider you for potential future employment, Walker Wayland may keep the personal information on its human resource records.

3.5 How we hold your personal information

Once we collect your personal information, we will either hold it securely and store it on infrastructure owned and controlled by a member of our network, Walker Wayland New South Wales.

From time to time, we may request the assistance of a third party service provider to securely hold and store your personal information, and that third party is required to take reasonable steps to ensure it complies with Australian Privacy Act 1988 (Cth).

We provide more general information on our security measures in Section 9 (Data security and quality).

3.6 Cookies and IP addresses

If you use our website, we may utilise “cookies” (including through Google Analytics) which enable us to monitor traffic patterns, trends and to serve you more efficiently if you revisit our website.  In most cases, a cookie does not identify you personally but may identify your internet service provider or computer.

We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services.  This information does not identify you personally.

However, in some cases, cookies may enable us to aggregate certain information with other personal information we collect and hold about you. Walker Wayland extends the same privacy protection to your personal information, whether gathered via cookies or from other sources, as detailed in this Privacy Policy.

You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.  However, if you disable cookies, you may not be able to access certain areas of our websites or take advantage of the improved web site experience that cookies offer.

 

  1. Uses and disclosures of personal information

4.1 Use and disclosure details

We provide a detailed list at Section 2 of some common uses and disclosures we make regarding the personal information we collect.

4.2 Other uses and disclosures

We may also use or disclose your personal information and in doing so we are not required to seek your additional consent:

  • when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be used or disclosed for such a purpose;
  • if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health or safety or to lessen or prevent a threat to public health or safety;
  • if we have reason to suspect that unlawful activity has been, or is being, engaged in; or
  • if it is required or authorised by law.

4.3 Use and disclosure procedures

In the event we propose to use or disclose such personal information other than for reasons set out in the above table at Section 2 or as otherwise outlined in this Privacy Policy, we will first notify you or seek your consent prior to such disclosure or use.

Your personal information is disclosed to these organisations or parties only in relation to the products or services we provide to you or for a purpose permitted by this Privacy Policy.

We take such steps as are reasonable to ensure that these organisations or parties are aware of the provisions of this Privacy Policy in relation to your personal information.

4.4 Communications opt-out

If you have received communications from us and you no longer wish to receive those sorts of communications, you should contact us via the details set out at the top of this document and we will ensure the relevant communication ceases.  Any other use or disclosure we make of your personal information will only be as required or authorised by law or as permitted by this Privacy Policy or otherwise with your consent.

 

  1. Sensitive information

5.1 Sensitive information generally

Sensitive information is a subset of personal information.  It means information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information about an individual, genetic information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates.

5.2 Collection and use of sensitive information

In general, we attempt to limit the collection of sensitive information we may collect from you (such as language skills), but depending on the uses you make of our products this may not always be possible and we may collect sensitive information from you in order to carry out the services provided to you.  However, we do not collect sensitive information from you without your consent.

We do not use sensitive information to send you Direct Marketing Communications (as set out in Section 6 below) without your express consent.

5.3 Consent

We may collect other types of sensitive information where you have consented and agree to the collection of such information. Generally speaking, we will obtain this type of consent from you at (or around) the point in time in which we collect the information.

 

  1. Direct Marketing

6.1 Express informed consent

You give your express and informed consent to us using your personal information set out in the “Marketing and testimonials” section of the table at Section 2 of this document above to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) which we consider may be of interest to you, whether by post, email or SMS (Direct Marketing Communications).

6.2 Inferred consent and reasonable expectations of direct marketing

Without limitation to paragraph 6.1, if you have provided inferred or implied consent (e.g. not opting out where an opt-out opportunity has been provided to you) or if it is within your reasonable expectation that we send you Direct Marketing Communications given the transaction or communication you have had with us, then we may also use your personal information for the purpose of sending you Direct Marketing Communications which we consider may be of interest to you.

6.3 Opt-out

If at any time you do not wish to receive any further Direct Marketing Communications from us or others under this Section 6, you may ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose.  You may do this at any time by using the “unsubscribe” facility included in the Direct Marketing Communication or by contacting us via the details set out at the top of this document.

 

  1. Anonymity and pseudo-anonymity

Our general practice is not to permit individuals to deal with us on an anonymous basis or through the use of a pseudonym.  Generally, your personal information is required in order to provide you with our products and services or to resolve any issue you may have.

 

  1. Cross Border Disclosure

8.1 Cross border disclosures

Any personal information collected and held by Walker Wayland in Australia or New Zealand may be disclosed or transferred to, and held at, a destination outside Australia or New Zealand (as the case may be), including but not limited to New Zealand or Australia where we also operate.

In the future we may utilise overseas IT services (including software, platforms and infrastructure), such as data storage facilities or other IT infrastructure. In such cases, we may own or control such overseas infrastructure or we may have entered into contractual arrangements with third party service providers to assist Walker Wayland with providing our products and services to you.

8.2 Provision of informed consent

By submitting your personal information to Walker Wayland, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information outside of Australia or New Zealand. In providing this consent, you understand and acknowledge that countries outside Australia and New Zealand do not always have the same privacy protection obligations as Australia and New Zealand in relation to personal information. However, we will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.

Where the Australian Privacy Law applies, the Privacy Act 1988 requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your personal information outside of Australia do not breach the privacy principles contained within the Privacy Act 1988.  By providing your consent, under the Privacy Act 1988, we are not required to take such steps as may be reasonable in the circumstances.  However, despite this, we acknowledge the importance of protecting personal information and have taken reasonable steps to ensure that your information or data is used by third parties securely and in accordance with the terms of this Privacy Policy.

8.3 If you do not consent

If you do not agree to the disclosure of your personal information outside Australia or New Zealand by Walker Wayland, you should (after being informed of the cross border disclosure) tell Walker Wayland that you do not consent. To do this, either elect not to submit the personal information to Walker Wayland after being reasonably informed in a collection notification or please contact us via the details set out at the top of this document.

Where the New Zealand Privacy Law applies, the Privacy Act 1993 permits Walker Wayland to disclose personal information outside New Zealand without your consent where Walker Wayland has another basis (other than express consent) for doing so.

 

  1. Data security and quality

9.1 Walker Wayland’s security generally

We have taken steps to help secure and protect your personal information from unauthorised access, use, disclosure, alteration, or destruction including by way of 2-factor authentication for access to the server room located in Sydney, NSW. You will appreciate, however, that we cannot guarantee the security of all transmissions or personal information, especially where human error is involved or malicious activity by a third party.

Notwithstanding the above, we will take reasonable steps to:

  • make sure that the personal information we collect, use or disclose is accurate, complete and up to date;
  • restrict the number of staff who have access to your personal information on a “need to know” basis;
  • protect your personal information from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods;
  • destroy or permanently de-identify personal information if it is no longer needed for its purpose of collection.

9.2 Accuracy

The accuracy of personal information depends largely on the information you provide to us, so we recommend that you:

  • let us know if there are any errors in your personal information; and
  • keep us up-to-date with changes to your personal information (such as your name or address).

We provide information about how you can access and correct your information in Section 10.

 

  1. Access to and correction of your personal information

You are entitled to have access to any personal information relating to you which we hold, except in some exceptional circumstances provided by law (including under Privacy Law).  You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading.

If you would like access to or correct any records of personal information we have about you, you are able to access and update that information (subject to the above) by contacting us via the details set out at the top of this document. Our privacy officer may be required to verify your details before providing any personal information we hold about.

Walker Wayland may charge reasonable costs incurred by providing access to the personal information we hold about you, in accordance with the Australian Privacy Law.

 

  1. Resolving Privacy Complaints

11.1 Complaints generally

We have put in place an effective mechanism and procedure to resolve privacy complaints.  We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision (if any decision is required to be made) is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision.

11.2 Contacting WWAL regarding complaints

If you have any concerns or complaints about the manner in which we have collected, used or disclosed and stored your personal information, please contact us:

Telephone:         +61 2 9951 5400

Email:                stephen.roger@wwaustralasia.com

Address:           Level 11, Suite 11.01, 60 Castlereagh Street, Sydney NSW 2000

Please mark your correspondence to the attention of the group privacy officer.

11.3 Steps we take to resolve a complaint

In order to resolve a complaint, we:

  • will liaise with you to identify and define the nature and cause of the complaint;
  • may request that you provide the details of the complaint in writing;
  • will keep you informed of the likely time within which we will respond to your complaint; and
  • will inform you of the legislative basis (if any) of our decision in resolving such complaint.

11.4 Register of complaints

We will keep a record of the complaint and any action taken in a Register of Complaints.

 

  1. Consent, modifications and updates

12.1 Interaction of this Policy with contracts

This Privacy Policy is a compliance document prescribed by law rather than a legal contract between two or more persons. However, certain contracts may incorporate all, or part, of this Privacy Policy into the terms of that contract. In such instances, Walker Wayland may incorporate the terms of this policy such that:

  • certain sections or paragraphs in this policy are incorporated into that contract, but in such a way that they do not give rise to contractual obligations onto Walker Wayland, but do create contractual obligations on the other party to the contract; and
  • the consents provided in this policy become contractual terms provided by the other party to the contract.

12.2 Acknowledgement

By using our website, purchasing a product or service from Walker Wayland, where you have been provided with a copy of our Privacy Policy or had a copy of our Privacy Policy reasonably available to you, you are acknowledging and agreeing:

  • to provide the consents given by you in this Privacy Policy; and
  • that you have been informed of all of the matters in this Privacy Policy.

12.3 Modifications and updates

We reserve the right to modify our Privacy Policy as our business needs require. We will take reasonable steps to notify you of such changes (whether by direct communication or by posting a notice on our website).

If you do not agree to our continued use of your personal information due to the changes in our Privacy Policy, please stop providing us with your personal information, and contact us via the details set out at the top of this document.

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