1. BACKGROUND

 

1. Weather Matters with Karl Lijnders ABN 91 860 752 604 (“Weather Matters with Karl Lijnders”, “we”, “us” and “our”) is committed to the protection of your privacy in accordance with our obligations under the Privacy Act 1998 (Cth), including the Australian Privacy Principles (which took effect on 12 March 2014) (the APPs). 
    

2. The APPs establish requirements for the way entities collect, store and use an individual’s personal information.  Our aim is to provide an online environment which will ensure the information you provide to us is handled in a secure, efficient and confidential manner. 
    

3. This privacy policy (the Policy) outlines the way in which we manage personal information and other matters which must be disclosed to individuals under the APPs. The Policy applies to personal information individuals provide to us, whether that information is provided under any agreement, at our offices, through our website, or through email, telephone or other communication with our employees or agents.

1. Collection of Information

Collection of Personal Information

1. We may collect the following kinds of personal information from you:

   1. your full name, date of birth and other personal information;

   2. your contact information, such as your email address, a postal and residential address and telephone number(s);

   3. information about your use of our website, products and services;

   4. information that you provide for the purpose of registering on our website and the transactions carried out over our website (including maintaining your profile);

   5. your credit card and bank account details;

   6. other personal information reasonably necessary for one or more of our Purposes set out in clause 3 of this Policy;

   7. records and content of any communications between you and Weather Matters with Karl Lijnders; and

   8. any other personal information provided by you to Weather Matters with Karl Lijnders in the course of provision of the Services to you.

2. We will only collect personal information by lawful and fair means and where that information is reasonably necessary for one or more of our functions or activities, as identified in our Purposes at clause 3 of the Policy.

3. We generally collect your personal information directly from you with your consent. We will only collect personal information from a third party where it is unreasonable or impractical to collect the information directly from you. Such third parties may include your employer, an organisation with whom you have dealt or which maintains a public record, or a credit reporting agency.

Collection of Sensitive Information

1. Sensitive information is defined in the Act as information about an individual’s ethnic origin, beliefs (whether political, religious or philosophical), sexual orientation, criminal history, health, genetics and membership of political or trade associations. Weather Matters with Karl Lijnders will collect sensitive information with the relevant individual’s consent and where the collection is reasonably necessary for one or more of Weather Matters with Karl Lijnders Purposes at clause 3 of the Policy.  

2. An individual’s consent is not required to collect sensitive information where the collection of that information is required or authorised by or under any Australian law or a court order, or where a permitted general situation exists.  The conditions which give rise to a ‘permitted general situation’ are defined in section 16A of the Act and include where:

   1. it is unreasonable or impracticable to obtain the individual’s consent to the collection, use or disclosure and the organisation reasonably believes that the collection, use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual;

   2. the organisation has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the organisation’s functions or activities has been, is being or may be engaged in and the organisation reasonably believes that the collection, use or disclosure is necessary for the organisation to take appropriate action in relation to the matter;

   3. the organisation reasonably believes that the collection, use or disclosure is reasonably necessary to assist in locating a person who has been reported missing; or

   4. the collection, use or disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim.

1. Storage of, and Access to, Personal Information

Storage and Security of Personal Information

1. Weather Matters with Karl Lijnders strives to provide an environment which ensures that personal information is stored in a secure and confidential manner.  Weather Matters with Karl Lijnders employs a variety of security measures including HTTPS or SSL to maintain the safety of your personal information when you access your personal information.

2. We store your personal information that we collect on servers located outside Australia. We reasonably believe our overseas IT service provider is subject to a law that affords protection of personal information that is substantially similar to the protection afforded under the Act and we can enforce such protection under the overseas law.

3. Weather Matters with Karl Lijnders will take such steps as are reasonable in the circumstances to protect the personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure. We will retain your personal information so long as it is personal information necessary or relevant to our Purposes.  

4. If you cease to use any of our services, all your personal information will be kept for up to seven (7) years. However, we may (in our absolute discretion), destroy or de-identify your data, thirty (30) days after you cease to use any service offered by us.

Destruction of Personal Information

1. Weather Matters with Karl Lijnders has an existing policy whereby personal information about an individual that has not been used or disclosed for a period of seven (7) years is destroyed using trusted third parties. 

Access to, and Correction of, Personal Information

1. A client is entitled to request access to the personal information Weather Matters with Karl Lijnders holds about them by making a request to Weather Matters with Karl Lijnders at karllijders@weathermatters.org Weather Matters with Karl Lijnders must respond to the request and provide access to the information within a reasonable time.  There will be no charges associated with the making of such a request or the subsequent provision of information.  

2. Despite the above paragraph, Weather Matters with Karl Lijnders is not required to give the individual access to personal information if any of the circumstances detailed in clause 12.3 of Schedule 1 of the Act exist. 

3. It is important that you ensure that your personal information is kept up to date at all times. If you require access to your personal information, or require the correction of your personal information, please contact us at karllijders@weathermatters.org.

4. Where an individual requests Weather Matters with Karl Lijnders to correct the personal information it holds about that individual, Weather Matters with Karl Lijnders must take such steps (if any) as are reasonable in the circumstances to correct the information. Weather Matters with Karl Lijnders is entitled to refuse to correct the personal information, provided Weather Matters with Karl Lijnders gives the individual a written notice containing the reasons for the refusal.  

5. Where Weather Matters with Karl Lijnders is satisfied that the information it holds about an individual is inaccurate, out-of-date, incomplete, irrelevant or misleading, Weather Matters with Karl Lijnders must take such steps (if any) as are reasonable in the circumstances to correct the information.  

1. The Purposes for which we collect Personal Information

   1. We collect the personal information at subclauses 1.1(a) through 1.1(j) only to the extent that such information is reasonably necessary for, or directly related to, one or more of our Purposes. The “Purposes” of Weather Matters with Karl Lijnders include (but are not limited to) the following functions and activities:

      1. establish your identity and assess applications for products and services;

      2. price and design our products and services;

      3. administer our products and services;

      4. manage our relationship with you;

      5. administer, trouble shoot and monitor our products and services, and to maintain data security, including engaging third parties to facilitate our services;

      6. manage our risks and help identify and investigate illegal activity, such as fraud;

      7. send you statements and invoices and collect payments from you;

      8. contact you, including sending you marketing communications (including newsletter subscriptions, and market research);

      9. conduct and improve our businesses and improve the customer experience;

      10. comply with any legal obligations we may have;

      11. use the personal information in relation to any proceedings (whether commenced by you or against you and whether or not we are also a party to those proceedings); and

      12. use the personal information in other ways where permitted by law.

   2. Please be aware that it is impractical for us to deal with a client and carry out any of the Purposes if the client does not identify himself or herself sufficiently.

Cookies

1. We and our trusted partners use cookies and other technologies in our services, including when you visit our website or access our services.

2. A “cookie” is a small piece of information that a website assigns to your device whilst you are viewing a website. Cookies are very helpful and can be used for various purposes. These purposes include allowing you to navigate between pages efficiently, enable automatic activation of certain features, remembering your preferences and making the interaction between you and our services quicker and easier. Cookies are also used to help ensure that the advertisements you see are relevant to you and your interests and to compile statistical data on your use of our services.

3. Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies. You may remove the cookies by following the instructions of your device preferences. However, if you choose to disable cookies, some features of our website may not operate properly, and your online experience may be limited.  

1. Disclosure of Personal Information

Disclosure of Information within Australia

 

1. In order for Weather Matters with Karl Lijnders to carry out any one or more of the Purposes, it may be necessary for Weather Matters with Karl Lijnders to disclose personal information to agents, barristers, solicitors and other experts who play a part in the carriage of a client’s matter. 

2. In order for Weather Matters with Karl Lijnders to carry out any one or more of the Purposes, it may be necessary for us to disclose your personal information and/or sensitive information to third parties:

   1. who are engaged by us to provide services, or to undertake functions or activities on our behalf or who sign non-disclosure/confidentiality agreements (for example, software providers, platform providers and server hosts);

   2. who have been engaged by us to undertake administrative functions or activities, on our behalf. For example, processing payment information; and

   3. where disclosure is required by external government agencies (including, for example, the Australian Taxation Office).

3. The Weather Matters with Karl Lijnders must only use or disclose personal information for the Purpose or Purposes for which it was collected. Weather Matters with Karl Lijnders must not use or disclose personal information for any other purpose (a secondary purpose) unless:

   1. the relevant individual consents to that use or disclosure of the information;

   2. the individual would reasonably expect Weather Matters with Karl Lijnders to use or disclose the information for the secondary purpose and the secondary purpose is related to one or more of the Purposes;

   3. the use or disclosure of the information is required or authorised by or under an Australian Law;

   4. a permitted general situation exists as defined in clause 1 of the Policy; or

   5. Weather Matters with Karl Lijnders reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by an enforcement body.

Disclosure of Information outside Australia

1. Weather Matters with Karl Lijnders may only disclose personal information to a person or entity that is not in Australia (the Overseas Recipient) without that client’s consent in circumstances where:

   1. Weather Matters with Karl Lijnders reasonably believes that the Overseas Recipient is subject to a law that affords protection of personal information that is substantially similar to the protection afforded under the Act and Weather Matters with Karl Lijnders can enforce such protection under the overseas law; or

   2. Weather Matters with Karl Lijnders takes reasonable steps to ensure that the Overseas Recipient acts in accordance with the Principles in relation to the storage, use and disclosure of the personal information.

2. By using our products and services, and accessing our websites, you are consenting to the storage of your data on a server outside Australia as outlined in clause 2.2 of this Policy.

1. Notifiable Data Breaches

   1. If there are reasonable grounds for us to believe that there has been an eligible data breach, and no exception under the Act applies, then we will prepare a written statement including:

      1. a description of the eligible data breach;

      2. the kinds of information concerned; and

      3. recommendations about the steps that individuals should take in response to the eligible data breach.

   2. If there is an eligible data breach of more than one entity, we will set out the details of those other entities in the manner described above.

   3. We will provide this statement to the Office of the Australian Information Commissioner (the Commissioner).

   4. Where practical we will notify each of the individuals to whom the relevant information relates and individuals who are at significant risk from the eligible data breach. If it is not practical to contact you in this way, we may publish the statement on our websites.

Exceptions to an Eligible Data Breach

1. There are exceptions under the Act which may not require us to notify individual/s of an eligible data breach. For example, where we have taken action before any serious harm occurs or before any unauthorised access or disclosure occurs, or where the Commissioner has declared that we are not required to give any notification.

1. Direct Marketing

   1. Direct marketing occurs where entities use the personal information they collect to market related or other goods and services to the individual who provided the information.  A common example is where an organisation emails individuals a monthly newsletter.

   2. Weather Matters with Karl Lijnders may use or disclose personal information for the purpose of direct marketing only where Weather Matters with Karl Lijnders collected the personal information from the individual, the individual would reasonably expect Weather Matters with Karl Lijnders to use or disclose the information for that purpose and the individual has not made a request pursuant to the below paragraph. 

Requests not to receive Direct Marketing

1. An individual is entitled to request not to receive direct marketing communications from Weather Matters with Karl Lijnders by contacting Weather Matters with Karl Lijnders at karllijders@weathermatters.org. Weather Matters with Karl Lijnders will give effect to any such request.

1. third party links

   1. Weather Matters with Karl Lijnders may use third party advertising companies when you visit our website. These companies may use aggregated information about your visits to this website in order to provide advertisements about goods and services which may be of interest to you. The aggregated information collected does not include your name, address, email address or telephone number.

   2. Weather Matters with Karl Lijnders may, from time to time, include third party goods or services on our website. Any such third-party offers are not bound by this Privacy Policy and should you require further information about such third-party’s privacy policies, you will need to visit their respective privacy policy.

2. COMPLAINTS & CONTACT DETAILS

   1. Should you have any queries about the Policy or the Principles, or wish to lodge a complaint about a potential breach of the Principles by Weather Matters with Karl Lijnders, please contact us at karllijders@weathermatters.org.

   2. Weather Matters with Karl Lijnders will endeavour to respond to an individual communication within thirty (30) days.  Should Weather Matters with Karl Lijnders fail to respond within a thirty-day period, an individual may contact the Office of the Australian Information Commissioner (the OAIC), which can investigate queries or complaints in relation to a potential breach of the Principles.  The OAIC can be contacted by mail, fax or email.  For contact details and information on the complaints process please visit the OAIC website at: http://www.oaic.gov.au/privacy/privacy-complaints.

3. Changes to this policy

   1. We encourage you to check our Policy from time to time to ensure that you understand and agree with the changes that are made. If you do not agree with this Policy, then you should not access or use our websites or order our goods or use our services (e.g. participate in competitions).  We reserve the right to make amendments to this Policy from time to time in our absolute discretion.

   2. The Policy may be updated from time to time by Weather Matters with Karl Lijnders as necessary.