Privacy Policy – E. M. A. Hibberd, of www.462squadron.com
1. Background
E. M. A. Hibberd (Hibberd, Me, My, I, and other similar terms) takes all reasonable steps to implement processes and procedures for the responsible management of Personal Information and Data.
I have implemented this Privacy Policy in accordance with the Privacy Act 1988 (Cth) (Act) and the Australian Privacy Principles (APP) and other data protection rules in order to be open and transparent about how I collect, hold, and use Your Personal Information, and under what circumstances I may disclose or transfer it. However, as I am not an entity which currently meets the threshold for mandatory compliance under the Act, My wish to set out how I collect, hold, and use Your Personal Information does not necessarily mean I have opted-in to be bound by the Act.
This Privacy Policy applies to all Personal Information collected by Me in the course of providing services to My customers (You, Your, and other similar terms) regardless of its source and forms part of the terms and conditions of our various agreements with You.
2. Definitions
In this Privacy Policy, unless the context or subject matter otherwise require:
Data means any information which is reduced to electronic form and stored in any of our computer systems.
Data Breach means any unauthorised access to, unauthorised disclosure of, or loss of, Personal Information held by Me where the access, disclosure or loss is likely to result in serious harm to any of the individuals to whom the information relates.
Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.
Sensitive Information means:
(a) information or an opinion about an individual's:
(i) racial or ethnic origin; or
(ii) political opinions; or
(iii) membership of a political association; or
(iv) religious beliefs or affiliations; or
(v) philosophical beliefs; or
(vi) membership of a professional or trade association; or
(vii) membership of a trade union; or
(viii) sexual orientation or practices; or
(ix) criminal record;
that is also personal information; or
(b) health information about an individual; or
(c) genetic information about an individual that is not otherwise health information; or
(d) biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
(e) biometric templates.
3. Collection
3.1 Collection of Personal Information
(a) I collect Personal Information when You interact with Me online, over the phone, by email, in person or through other means of communication.
(b) The type of Personal Information I collect includes Your name, address, telephone number, email address and any additional information You provide to Me.
(c) Where You contact Me on behalf of Your employer, the information You provide often contains information about Your employment, position and employer’s contact details. In those circumstances certain employment information is collected.
(d) Information will only be collected directly from You unless You authorise another person to provide the information.
3.2 Sensitive Information
I do not collect Sensitive Information or sensitive Personal Information as defined in section 6 of the Act.
3.3 Device information and cookies
(a) When You visit My website at www.462squadron.com (Website), I may collect certain information about Your visit, including Your IP address and details about Your web browser, including the type of browser and the operating system on which it is running, Your primary language preference, and whether Your browser is currently storing cookies previously set by the Website. Additionally, as You browse, I collect information about the individual web pages You view, what websites or search terms referred You, and information about how You interact with Me online.
(b) I collect device information using the following technologies:
(i) ‘Cookies’ which are data files placed on Your device or computer which may include an anonymous unique identifier;
(ii) ‘Log files’ which track actions occurring on the website, and collect data including Your IP address, browser type, referring/exit pages, and date/time stamps; and
(iii) ‘Web beacons’, ‘tags’, and ‘pixels’ which are electronic files used to record information about Your browsing session.
(c) Please note that I do not alter the Website’s data collection and use practices when Your browser is set to send a Do Not Track signal.
(d) You may refuse the use of cookies by selecting the appropriate settings on Your browser, however if You do, You may not be able to use the full functionality of the Website.
(e) I do not collect Personal Information or associate the information collected via cookies, web beacons, tags, log files or pixels with other Personal Information I collect.
4. Consent
By agreeing to this Privacy Notice, You give Me Your consent to use Your Personal Information as set out herein. You have a right to withdraw Your consent at any time and may do so by contacting Me via the details provided below.
5. Use
5.1 General use
(a) I may use Personal Information to:
(i) contact You regarding material which You have provided Me for use on the Website; or
(ii) connect You to other users of the Website, provided both You and the other user have consented to Me sharing each other’s Personal Information.
(b) I will not use Your Personal Information for purposes, other than as described in this Privacy Notice or other agreement I have with You, unless You consent to that use or there are specific law enforcement, public health or safety reasons.
6. Accessing Your information
Upon Your request and after satisfying Myself of Your identity, I will provide access to the Personal Information I hold about You except in certain prescribed circumstances. These include, where:
(a) I believe giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
(b) giving You access would be unlawful;
(c) granting access would have an unreasonable impact on the privacy of other individuals;
(d) the request for access is frivolous or vexatious; or
(e) there are anticipated legal proceedings.
7. Data integrity
I take reasonable steps to ensure the Personal Information I collect, use, and disclose is accurate, complete, and up to date. You have a right to access and correct incorrect Personal Information at any time and may do so by contacting Me using the details provided below.
If You become aware Your information is no longer accurate, complete, or up to date please contact Me.
8. Sharing information
I may disclose Personal Information to:
(a) My employees, a related entity and My professional advisors, such as My lawyers and accountants;
(b) emergency services providers to assist in the prevention of harm and risk to life;
(c) law enforcement agencies to assist in the investigation and prevention of criminal activities; and
(d) My third-party contractors or service providers with whom I have a business association, including:
(i) marketing service providers;
(ii) accounting service providers; and
(iii) information technology service providers including cloud application providers.
Finally, I may also share Your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information I receive, or to otherwise protect My rights.
I will not disclose Your Personal Information other than in accordance with this Privacy Notice without Your consent.
9. Offshore transfers
While I do not actively disclose Your Personal Information to other overseas entities, the service providers I engage may use international data centres and disaster recovery sites. Consequently, these providers may have access to Your information.
Regardless of where You reside Your right to Privacy is protected in Australia pursuant to the Privacy Act 1988 (Cth) which is administered by the Office of the Australian Information Commissioner (OAIC).
10. Anonymity and use of pseudonyms
I may interact with You anonymously or using pseudonyms if You have questions that are general in nature. However, You are required to provide true and accurate details when requesting contact with other users of the Website. You agree to provide accurate information if so required.
11. Security
I take commercially reasonable steps to protect the Personal Information I hold from misuse, loss and unauthorised access, modification or disclosure. I do this by:
(a) maintaining and keeping My systems up to date;
(b) using secure servers protected from unauthorised access, modification, or disclosure;
(c) where possible using multi-factor authentication where it is available;
(d) using Secure Sockets Layer (SSL) encryption to transfer data across public networks, such as the internet;
(e) relying on reputable service providers; and
(f) limiting the collection of Your Personal Information to that which I reasonably require.
12. Data retention
If I hold Personal Information about You, and do not need that information for any purpose, I will take reasonable steps to destroy or de-identify that information, in accordance with the APPs, unless I am prevented from doing so by law.
Under Australian law, financial records, such as those relating to financial transactions, must be retained for seven (7) years after the transactions associated with those records are completed.
I envisage that Your Personal Information will be deleted or de-identified within ten (10) years if it is no longer reasonably required for the purposes for which it was collected.
You may make a request to Me in writing to remove Your Personal Information and, where permitted, I will do so in accordance with the APPs.
13. Use of de-identified data
The data I collect may have analytical value to Me and other third parties. I reserve the right to process, distribute or sell information I collect through our services. However, I will only distribute data which has been de-identified. De-identified data will not include Personal Information such as Your name, address, phone number, email address or other information which would reasonably allow You to be identified.
14. Complaints procedure
If You have a complaint about My collection or use of Personal Information pertaining to You, then I would ask You to contact Me via the contact details provided below.
If after investigating Your complaint and reporting to You My findings, You are still not satisfied, then You may contact the OAIC at the below address:
The Office of the Australian Information Commissioner
GPO Box 5218
Sydney, NSW 2001
Australia
Telephone: 1300 363 992
Email: enquiries@oaic.gov.au
15. Contacting Me
For more information about My privacy practices, if You have questions, or if You would like to make a complaint, please contact Me using the details provided below:
E. M. A. Hibberd
PO Box 9503
Park Avenue Post Office
Queensland Australia 4701
Telephone: (Qld) 07 4922 3450
Email: refer contact page
16. Amendments
I will regularly review this Privacy Policy. As such I may update it from time to time to reflect changes to My practices or for other operational, legal, or regulatory reasons.
This notice was last updated on 06 February 2022.
(Legal support, advice, assistance and documentation from Dundas Lawyers Pty Ltd, Brisbane, Queensland, Australia)
