Privacy Policy
1. Purpose
Orange Sky Australia Limited and its subsidiaries (OSA) cares about protecting your privacy and is required by law to comply with the Privacy Act 1988 (Cth) (the Act), including the Australian Privacy Principles (APPs). We take our privacy obligations seriously and this Policy outlines our privacy practices. It explains how:
(a) We collect, manage, use, store and secure your personal information
(b) You may access and request correction of any record containing your personal information
(c) You may make a complaint about a breach of privacy
2. Scope
This Policy applies to our current and prospective staff, volunteers, contractors, clients, donors and suppliers who handle personal information collected by OSA and its related entities from time to time.
By providing your personal information to us, you consent to the use, storage and disclosure of the personal information you provide to us as described in this Policy.
3. How we manage your Personal Information
We will:
(a) Take all reasonable steps to ensure we are open and transparent about the way we manage your personal information
(b) Maintain adequate security of personal information to seek to protect it from misuse, interference and loss from unauthorised access, modification or disclosure
(c) Establish reporting channels to receive privacy inquiries from you and for reports of privacy breaches to be received and acted upon
(d) Conduct risk assessment for all new and significant business projects which consider privacy impacts
(e) Provide an option for you to use a pseudonym or otherwise by anonymous unless it is impermissible, impractical or inhibits the adequacy or quality of service provided to you
(f) Appoint a Chief Executive Officer to oversee privacy governance processes, ensure compliance with the APPs and report on privacy issues to our SLT and the Board
(g) Provide this Policy free of charge and in an appropriate form for public access
(h) Provide relevant work training and privacy awareness on how APPs apply to us and how they are reflected in privacy practices, procedures and systems
(i) Periodically review this Policy as well as the privacy practices, procedures and systems across our organisation to ensure that they remain appropriate to the changing environment we operate in and will notify you by, informing you in our regular communications or posting an updated version of this Policy on our website
(j) Unsafe work practices or anything which may put the lives, health or wellbeing of anyone at risk.
4. Personal Information we collect and hold
4.1 Kinds of Personal Information
We will only collect information about you that is reasonably necessary for our functions or activities which are listed under point 4.3. Generally, we will collect this information directly from you. This may include:
• your name, address, contact and bank and credit card details for clients, volunteers, suppliers and donors
• your image, video and sound recordings
• information associated with web browsing, email, text messaging, phone calls or other electronic interaction with you including your phone number and user name
• for donors, details relating to your donations and information relevant to the purpose of better identifying donor sources
• for others, other information relevant to the purpose of providing services such as education qualifications, employment history, interests, feedback preferences, user names and passwords and service feedback and complaint details
• sensitive information about you that may include your
• gender, age, date of birth, physical and mental health information
• tax file numbers, and other particulars required as part of our funding obligations and/or that are relevant for the proper provision of the services that we provide
• survey and questionnaire responses
4.2 How we collect and hold Personal Information
Where possible, personal information is collected directly from you with your consent at the time of your interaction with us. In some services, personal information is:
• received from third parties where you are transferred or referred to us for the services that we provide;
• received from third parties who obtain your personal information from publicly available sources; or
• transferred between our own services provided it relates to the primary purpose for which it was collected.
Personal information may be collected in hard copy form or electronic form. Hard copy records are required to be held securely. We hold electronic records in databases with security safeguards which include protection from unauthorised access, modification and disclosure. Some of those databases are government controlled while some are held by a third-party provider.
Where consent to collection is sought, it is sought voluntarily from you and we will inform you of what you are consenting to. Our consent agreements are current and specific to the services to be provided to you.
We will not collect sensitive information about you unless you have consented; it is required by law; or in other special specified circumstances, for example relating to health services provision and individual or public health or safety. Sensitive information is afforded a higher level of privacy protection than other personal information. Where sensitive information is provided to OSA, it will be collected in accordance with this Policy.
4.3 Purposes for which we collect, use and disclose Personal Information
We collect, hold and use personal information only for the primary purposes for which it was collected or as set out below including:
• to provide services which may include volunteering, learning and development and fundraising. Personal information may be shared between more than one legal entity within OSA to provide, expand or improve the services we provide to you or assist with more efficient service delivery
• to comply with the requirements of funding bodies as part of a funding agreement with us
• to operate fundraising and charitable activity in support of our objectives
• to provide customer service functions, including handling customer enquiries, complaints and feedback
• to facilitate proper governance processes such as risk management, incident management and external audits
• to gather feedback from you and other individuals about the quality of services that we provide so that the services we provide can be continuously improved
• undertake marketing, fundraising and promotional activities, including activities to better identify donor sources, events and conferences organised and held by us
• to satisfy legal obligations, comply with applicable laws and meet the requirements of bodies which regulate the services we provide
• to understand, through aggregated information, trends and patterns which we use for research and advocacy
• to fulfil other purposes to which you have consented
4.4 Disclosure to third parties
We will not disclose your personal information to other external organisations except:
• As required by funding agreements
• As required by law
• For transfer to another service provider in accordance with funding agreements
• Where we have your consent to do so through your acceptance of this Policy and the disclosure relates to the services we provide to you
• For a purpose permitted by this Policy; or
• If you request us to do so
Examples of organisations and/or third parties that your personal information may be provided to include:
• a government agency, as required by our funding agreements (which may be for example by portal directly into the agency’s database system)
• third party service providers who assist us with the delivery of services or who provide services to or partner with us to enable us to deliver services, or in undertaking quality assurance of our services
• third party service providers who assist us with fundraising activities or strategy, identifying donor sources or analysis of our fundraising activities, strategy or patterns (including data collectives)
• third parties who assist us with co-ordination of volunteers, community activities and advocacy
• government or non-government agencies where we have a reasonable concern regarding your safety or wellbeing
• third parties who collate and/or analyse information for the purposes of research and advocacy
• third parties for the electronic storage of information.
Whilst we seek to ensure through our contracts with external parties that they comply with the Act regarding the use of your personal information, we have limited control around how some external parties (for example, government agencies) use your personal information.
4.5 Information relating to a current or former employee
The Privacy Act does not apply to an act done or practice engaged in by OSA in relation to:
• a current or former employment relationship between OSA and the individual; and
• an employee record held by OSA relating to the individual (which includes personal information relating to the employment relationship and may include information such as recruitment/termination information, terms and conditions of employment, health and banking details).
This exemption does not apply to applicants who are unsuccessful in securing a role at OSA. In those cases, OSA will take all necessary steps to ensure proper collection, use, storage, disclosure of and access to information in accordance with the Privacy Act and other applicable laws.
Employees have a right under the Fair Work Act 2009 (Cth) to access their basic time and wage records. OSA will consider other requests for personal information but is not legally obligated to provide access.
4.6 Opt-outs
If you do not wish to receive marketing or promotional communications from us, you should “unsubscribe” online where a link is provided. In other circumstances, you should contact us on the email addresses below and we will cease the relevant marketing or promotional communication:
For donors: hello@orangesky.org
For other individuals: hello@orangesky.org
Where we are providing services to you, we need to be able to communicate with you in relation to those services.
5. How you can access and correct your Personal Information
5.1 Access
You are entitled to request access to the personal information held by us about you. This is generally provided upon request subject to completion of our verification and risk processes and to access restrictions imposed or permitted by law. Requests are made to the same point of contact to whom you have provided your personal information. We may decline a request to access your personal information in certain circumstances in accordance with the AAPs.
5.2 Correction
Where you inform us that information held by us about you is inaccurate, out?of?date, incomplete, irrelevant or misleading, we will correct it where we agree with you. Notices by you to us to amend information held about you are made to the same point of contact to whom you provided your personal information. After receiving a notice to amend from you, we will take reasonable steps to correct your information.
If, having received and considered an application from you to amend your information, we do not consider that the information should be amended in accordance with the APPs, we will not amend it but we will include a note with the information that you consider that it should be amended, and advise you accordingly.
6. Retention of personal information
We will retain your personal information in accordance with applicable laws or requirements of any government or other funding body’s record-keeping requirements.
7. Mandatory Notifiable Data Breaches
We will comply with the notification and other requirements of the Act where your personal information held by us has been inadvertently lost or disclosed or improperly accessed and that loss, disclosure or access may result in serious harm to you.
8. What to do if you have a privacy enquiry or complaint
If you have an enquiry or a complaint concerning collection, use or management of your personal information, please direct your enquiry or complaint to the staff member who is your ordinary contact. Our staff will outline options regarding how your enquiry or complaint may be resolved. We will aim to respond and resolve your enquiry or complaint in a timely and appropriate manner. If we don’t, you may:
• take it to a more senior manager, and/or
• call our Chief Executive Officer on 07 3067 5800 for consideration of alternative action.
Where none of the above approaches by you has resolved the issue, your enquiry or complaint should be put into writing and forwarded to:
Orange Sky Australia
Chief Executive Officer
17 Dover Street
Albion QLD 4010
or email: hello@orangesky.org
We will treat your enquiry or complaint confidentially. You may contact the Australian Information Commissioner wherever you believe that your rights to privacy have been breached by us on 1300 363 992 or by using the contact details on the website www.oaic.gov.au.
9. Changes to this Policy
From time to time, we may change our policy on how we handle personal information or the types of personal information which we hold. Any changes to our policy will be published on our website.
You may obtain a copy of our current policy from our website or by contacting us at the contact details above.
