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

Our Commitment

At 2evolve we recognise that your privacy is very important to you – it is to 2evolve as well. We handle personal information provided by and about people every day. By personal information we mean information or an opinion about a person whose identity is apparent or can reasonably be ascertained.

The aim of 2evolve is both to support and to ensure that it complies with the Privacy Act 1988 (Cth) (Privacy Act) including the Australian Privacy Principles. 2evolve also seeks to comply with the Spam Act 2003 (Cth) (Spam Act) that is aimed at reducing the number of unsolicited electronic commercial messages that you receive.

The information set out below is largely a summary of our obligations under the Privacy Act, in particular the relevant privacy principles.

We believe that this Policy will address any potential concerns you may have about how personal information you provide to 2evolve is collected, held, used, disclosed and transferred. You can obtain more information on request about the way we manage the personal information we hold. If you seek any further information please contact us in one of the ways set out below.

Collection and Purpose for Collection

When we refer to Personal Information we mean information or an opinion about you from which you are or may be reasonably identified. The information may include (but is not limited to) your name, age, gender, telephone numbers, email addresses, address and/or financial information (such as credit card and banking information).

We will not collect Personal Information unless the information is necessary for one or more of our functions or activities. Our main purposes for collection that personal information include:

providing that information to our Clients;
using that information in the provision of services we are requested to perform by our Clients, including, but not limited to, direct marketing;

complying with our legal obligations, including without limitation under the Charitable Fundraising Act 1991 (NSW), the Charitable Fundraising Regulation 2015 (NSW) or equivalent State, Territory or Federal legislation;
investigating complaints made in relation to the provision of 2evolve services; and

enabling 2evolve to respond to queries from our Clients.

Our Clients include organisations, charities and not-for-profit organisations. We will only collect personal information from you that is necessary for one or more of our functions and activities.

We will collect personal information from you only by lawful and fair means and not in an unreasonably intrusive way. At or before the time we collect personal information from you we will take reasonable steps to ensure that you are made aware of:

our identity and the identity of our client;
how to contact us and our client;
the fact that you are able to gain access to the information collected by us;
if other than for the primary purpose, why we are collecting that personal information;
any law (if any) that requires the particular information to be collected;
who else we might disclose that personal information to; and
the main consequences (if any) for you if you do not provide all or some of the personal information to us.

Where reasonable and practicable to do so, we will only collect personal information about you only from you. Examples of how we collect personal information from you include by telephone and face to face (by collecting information on the street). However we may also collect personal information from you from third parties such as our Clients, or third party service providers engaged to provide services for and on behalf of our Clients.

If you provide Personal Information to us about someone else, you must ensure that you are entitled to disclose that information to us and that, without us taking any further steps required by privacy laws, we may collect, use and disclose such information for the purposes described in this Privacy Policy. For example, you should take reasonable steps to ensure that the individual concerned is aware of the various matters detailed in the Privacy Policy. The individual must also provide the consents set out in this Privacy Policy in respect of how we will deal with their Personal Information.

Use and Disclosure

We will only use your personal information for the main purpose we told you it was needed for, except where you consent to us using that personal information for another purpose, where the other purpose is related to the main purpose and you would reasonably expect us to use the personal information for that other purpose, or where it is permitted or required by law, or we reasonably believe it is necessary on health or public safety grounds to use the personal information for another purpose.

In order to fulfil the purposes set out above we may provide access to your personal information to third parties with whom we have a business relationship, for example those who maintain and update our database, or who assist with mail-outs. There are also some circumstances where by law we are required to disclose your personal information, including to Courts, Tribunals or law enforcement agencies.

In the circumstances described below, personal information may be disclosed outside of our organisation.

(a) Clients

Personal Information collected by us is generally disclosed to our Clients.

(b) Third Party Service Providers

Personal Information collected by us may be disclosed to third party service providers (e.g. database service providers, mail houses, etc.,) in the standard course of the provision of services by 2evolve at the request of our clients.

For legal reasons, other disclosures may need to be made to law enforcement agencies, government agencies, courts, tribunals or external advisors or in accordance with other laws.

By providing us with your personal information, you consent to us disclosing your information to the entities set out in (a), (b) and (c) without obtaining your consent on a case by case basis.

Access and Correction

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. If we do store your Personal Information, we store it on our IT server and on paper records.

To the maximum extent permitted by law, 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.

If we do store your personal information, and if you ask, we will tell you what personal information we hold about you, and what we do with it. We will facilitate access to you by allowing an inspection of your personal information in person, or by providing copies or a summary of relevant documents, depending on what is most appropriate in the circumstances, following receipt of your request. Any charge we make for providing access will be reasonable.

If you can show us that the personal information is inaccurate, we will take reasonable steps to correct it. Note that we need not provide access to personal information in several types of situation, for example where a request; is frivolous, would pose a threat to health or public safety, would unreasonably interfere with another person’s privacy, would be a breach of the law, 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, would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations, would require us to breach legally stipulated denial of access to the data, or would prejudice an investigation of possible unlawful activity or enforcement related activities conducted by or on behalf of an enforcement body . If we refuse access we will advise you of our reasons for doing so.

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

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.

Security

To the extent that we hold personal information, we will take reasonable steps to:

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

Identifiers

We will not adopt as our own any identifiers that you may provide to us such as TFNs, Medicare numbers etc.

Third party websites

Our website may contain links to other websites, including the websites of our charity Clients. When this occurs be sure to check the privacy policy of those websites as we are not responsible for the privacy practices of those other parties.

Overseas disclosure of Personal Information

Whilst not our primary intention at this time, we may from time to time transfer personal information outside Australia in accordance with the Privacy Act to countries whose privacy laws do not provide the same level of protection as Australia’s privacy laws. For example, we may transfer your personal information to the Asia-Pacific, European Union or the United States of America. We may also use cloud storage and IT servers that are located offshore.

By providing us with your personal information, you consent to us disclosing your information to entities located outside Australia and, when permitted by law to do so, on the basis that we are not required to take such steps as are reasonable in the circumstances to ensure that any overseas recipient complies with Australian privacy laws in relation to your information.

Sensitive Information

We will not collect Sensitive Information about you unless:

you have consented and the information is reasonably necessary for one or more of our functions or activities;
the collection is required by law;
a permitted general situation or a permitted health situation exists in relation to the collection of the information; and
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.

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:

both of the following apply:
- 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
- you would reasonably expect us to use or disclose the information for the Secondary Purpose; or
you have consented to the use or disclosure; or
if the information is not Sensitive Information and the use of the information is for the Secondary Purpose of direct marketing:
- it is impractical for us to seek your consent before the particular use; and
- you have not made a request to us not to receive direct marketing communications; and
- in each direct marketing communication with you, we draw to your attention, or prominantly display a notice that you may express a wish to not receive and further direct marketing communication; and
- 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 direct contacted electronically; or
we reasonably believe that the use or disclosure is necessary to lessen or prevent:
- a serious and imminent threat to your life, health or safety; or
- a serious threat to public health or public safety; or
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
the use or disclosure is required or authorised by or under law; or
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:

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;
the enforcement of laws relating to the confiscation of the proceeds of crime;
the protection of the public revenue;
the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

Direct Marketing

From time to time we may use your Personal Information to provide you with current information about our products and services, special offers you may find of interest, changes to our organisation, or new products or services being offered by us or any Client we are associated with. By providing us with your Personal Information, you consent to us using your information to contact you on an ongoing basis for this purpose, including by mail, email, SMS, social media and telephone.

If you do not wish to receive marketing information, you may at any time decline to receive such information by contacting our enquiries team using the contact details under the “Contact us” section below. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.

Complaints resolution

We are committed to providing donors, and other parties whose personal information we hold (if any), a fair and responsible system for the handling of their complaints.

If at any time you have any complaints in relation to privacy, please contact our enquiries team at one of the points referred to below. We will deal with any complaint by investigating the complaint, and providing a response to the complainant within a reasonable time, provided that we have all necessary information and have completed any investigation required. In cases where further information, assessment or investigation is required, we will seek to agree alternative time frames with you.

Should you wish to take matters further you may refer your concerns to the Office of the Australian Information Commissioner (https://www.oaic.gov.au/).

Changes to this Policy

We are constantly reviewing our statements and policies in an attempt to keep up to date with market expectations and legal developments. Subsequently, we may change this Policy (last updated on the 21^st January 2019) from time to time as the need arises.

A copy of this Privacy Policy will be available on our website and will also be available on request. You acknowledge and agree to comply with this Privacy Policy as amended from time to time in your dealings with 2evolve.

Contact us

If you seek any further information from 2evolve about this Policy or generally please contact our enquiries team at one of the reference points below:

contacts@2evolve.com.au

2evolve Pty Ltd

PO Box K350

Haymarket NSW 1240

Attention: Mel Jenkins

Further information on privacy in Australia may be obtained by visiting the web site of the Office of the Australian Information Commissioner at www.oaic.gov.au

Definitions

In this Privacy Policy the expression:

“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 the clause titled Purpose and Collection.
“Secondary Purpose” means a purpose other than the Primary Purpose.
“we”, “us” and “our” are references to 2evolve Pty Ltd ACN 081 031 290 and related 2evolve entities.

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.