2EVOLVE PTY LTD ACN 081 031 290 : PRIVACY POLICY AUSTRALIA

SUPPORTERS

Your privacy is important to us. We endeavour to follow the following principles to protect your personal information:

1. COLLECTION OF PERSONAL INFORMATION

1.1 Purpose
We will not collect Personal Information unless the information is necessary for one or more of our functions or activities. We may collect Personal Information from you for the primary purpose of providing that information to our Clients, and the use of that information in the provision of services we are requested to perform by our Clients including but not limited to direct marketing. Our Clients include organisations, charities and not-for-profit organisations.

1.2 Clients
Noting the Primary Purpose, we will in general not hold or store your Personal Information. After we collect Personal Information from you, we will only hold or store such information for short period, generally not exceeding 3 months. We will not be responsible in any way for any Personal Information held, collected, used or disclosed by our Clients notwithstanding that such information has been collected by us and provided to the Client. Any enquiries or requests for access to or correction of your Personal Information should be directed, in the first instance to our Client.

1.3 Types of Personal Information
The type of Personal Information that we collect, use and disclose may include, without limitation, your name, age, gender, mailing address, telephone numbers or email addresses, and/or financial, credit and banking information, as applicable.

1.4 Collection
We will collect Personal Information from you only by lawful and fair means and not in an unreasonably intrusive way. If it is reasonable and practicable to do so, we will collect Personal Information about you only from you.

1.5 Disclosure
At or before the time (or, if that us not practicable, as soon as practicable after) we collect Personal Information about you from you, we will take reasonable steps to ensure that you are made aware of:

  1. our identity and the identity of our Client;
  2. how to contact us and our Client;
  3. the fact that you are able to gain access to the information collected by us;
  4. if otherwise than for the primary purpose specified in clause 1.1, the purpose for which the Personal Information is collected;
  5. any law (if any) that requires the particular information to be collected; and
  6. the main consequences (if any) for you if all or part of the information is not provided.

2. USE AND DISCLOSURE FOR SECONDARY PURPOSE

We will not use or disclose Personal Information about you for a purpose other than the Primary Purpose of collection unless:

  1. both of the following apply:
    1. the Secondary Purpose is related to the Primary Purpose of collection and, if the Personal Information is Sensitive Information, directly related to the Primary Purpose of collection; and
    2. you would reasonably expect us to use or disclose the information for the Secondary Purpose; or
  2. you have consented to the use or disclosure; or
  3. if the information is not Sensitive Information and the use of the information is for the Secondary Purpose of direct marketing:
    1. it is impracticable for us to seek your consent before the particular use; and
    2. we will not charge you for giving effect to your request for us not to receive direct marketing communications; and
    3. you have not made a request to us not to receive direct marketing communication; and
    4. in each direct marketing communication with you, we draw to your attention, or prominently display a notice, that you may express a wish not to receive any further direct marketing communication; and
    5. each written direct marketing communication by us to you (up to and including communication that involves the use) sets out our business address and telephone number and, if the communication with you is made by fax, telex or other electronic means, a number or address at which we can be directly contacted electronically; or
  4. we reasonably believe that the use or disclosure is necessary to lessen or prevent:
    1. a serious and imminent threat to your life, health or safety; or
    2. a serious threat to public health or public safety; or
  5. we have reason to suspect that unlawful activity has been, is being or may be engaged in, and we use or disclose the Personal Information as a necessary part of our investigation of the matter or in reporting our concerns to relevant persons or authorities; or
  6. the use or disclosure is required or authorised by or under law; or
  7. we reasonably believe that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an Enforcement Body:
    1. 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;
    2. the enforcement of laws relating to the confiscation of the proceeds of crime;
    3. the protection of the public revenue;
    4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
    5. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

 

3. SECURITY OF PERSONAL INFORMATION

To the extent that we hold Personal Information we will take reasonable steps to:

  1. protect the Personal Information we hold (if any) from misuse and loss and from unathorised access, modification or disclosure; and
  2. destroy or permanently de-identify Personal Information if it is no longer need for any purpose for which the information may be used or disclosed in accordance with this Privacy Policy.

 

4. ACCESS AND CORRECTION

4.1 Access on Request
To the extent that we hold Personal Information about you we will provide you with access to the information on request by you, except to the extent that:

  1. providing access would have an unreasonable impact upon the privacy of other individuals;
  2. the request for access is frivolous or vexatious; or
  3. the information relates to existing or anticipated legal proceedings between us and you, and the information would not be accessible by the process of discovery in those proceedings;
  4. providing access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations;
  5. providing access would be unlawful;
  6. denying access is required or authorised by or under law;
  7. providing access is likely to prejudice an investigation of possible unlawful activity; or
  8. providing access is likely to prejudice:
    1. the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of law imposing a penalty or sanction or breaches of a prescribed law; or
    2. the enforcement of laws relating to the confiscation of the proceeds of crime;
    3. the protection of the public revenue; or
    4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
    5. 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
  9. an Enforcement Body performing a lawful security function asks us not to provide access to the information on the basis that providing access is likely to cause damage to the security of Australia.

4.2 Intermediary

If we are not required to provide you with access to information because of one or more of the reasons set out in clause 4.1, we will, if reasonable, consider whether the use of a mutually agreed intermediary would allow sufficient access to meet the needs of both parties.

4.3 Evaluative Information
Where providing access would reveal evaluative information generated within our organisation 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.

4.4 Fees and Charges
We may charge you for providing access to your Personal Information provided that those charges are:

  1. not excessive; and
  2. do not apply to lodging a request for access.

4.5 Correction

  1. 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 will take reasonable steps to correct the information so that it is accurate, complete and up-to-date.
  2. If we and you disagree about whether the information is accurate, complete and up-to-date, and you ask us to associate with the information a statement claiming that the information is not accurate, complete or up-to-date, we will take reasonable steps to do so.

4.6 Request for Access and Correction

All requests for access to or correction of your Personal Information must be in writing to:

2Evolve Pty Ltd
PO Box 20246
WORLD SQUARE NSW 2002
Attention: Mel Jenkins

4.7 Provision of Reasons
We may provide reasons for denial of access or a refusal to correct Personal Information.

5. IDENTIFIERS

5.1 Restriction on Adoption of Identifier
We will not adopt as our own an Identifier of you that has been assigned by:

  1. an Agency; or
  2. an agent of an Agency acting in its capacity as agent; or
  3. a Contracted Service Provider for a Commonwealth Contract acting in its capacity as Contracted Service Provider for that contract.

5.2 Disclosure of Identifier

We will not use or disclose an Identifier assigned to you by an Agency, or by an agent or Contracted Service Provider mentioned in clause 5.1, unless:

  1. the use or disclosure is necessary for us to fulfill our obligations to the Agency; or
  2. one or more of the matters set out in clause 2 apply to the use or disclosure.

 

6. TRANSBORDER INFORMATION FLOW

We may transfer Personal Information about you to someone (other than us or you) who is in a foreign country provided that:

  1. 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;
  2. you have consented to the transfer;
  3. 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;
  4. the transfer is necessary for the conclusion or performance of a contract concluded between us and a third party in your interest;
  5. all of the following apply:
    1. the transfer is for your benefit;
    2. it is impracticable to obtain your consent to the transfer;
    3. if it were practicable to obtain such consent, you would be likely to give it; or
  6. we have taken reasonable steps to ensure that the information which we have transferred will not be held, used or disclosed by the recipient of the information inconsistent with the National Privacy Principles.

 

7. SENSITIVE INFORMATION
We will not collect Sensitive Information about you unless:

  1. you have consented;
  2. the collection is required by law;
  3. the collection is necessary to prevent or lessen a serious and imminent threat to your life or health, whether you: are physically or legally incapable of giving consent to the collection; or
  4. physically cannot communicate consent to the collection;
  5. if the information is collected in the course of the activities of a non-profit organisation the following conditions are satisfied: the information relates solely to the members of the organisation or to individuals who have regular contact with it in connection with its activities;
  6. at or before the time of collecting the information, the organisation undertakes to you that the organisation will not disclose the information without your consent; or
  7. the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.

 

8. DEFINITIONS

8.1 Privacy Act Definitions
In this Privacy Policy terms that are defined in the Privacy Act 1988 (Cth) are given the same meaning unless expressly defined otherwise in this Privacy Policy

8.2 Specific Definitions
In this Privacy Policy the expression:

“Act” means the Privacy Act 1988 (Cth) including the National Privacy Principles.
“Client” means a client of ours who has engaged us to collect information including Personal Information from individuals on its behalf.
“Primary Purpose” means the primary purpose for which we collect your Personal Information as set out in clause 1.1 or as otherwise disclosed in accordance with clause 1.5(d).
“Secondary Purpose” means a purpose other than the Primary Purpose.
“we”, ” us”and”our” are references to 2evolve Pty Ltd ACN 081 031 290.