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Where relevant to data processing as per the GDPR, and in particular where Red Fox Orchids uses new technologies, and takes into account the nature, scope, context and purposes of processing and considers that the data processing is likely to result in a high risk to the rights and freedoms of natural persons, the Privacy Officer shall, prior to the processing of personal information, carry out an assessment of impact of the envisaged processing operations by way of a protection impact assessment. 7.5 Despite subclause 7.1, an organisation may use or disclose personal information for the purpose of direct marketing if: (a) the organisation is a contracted service provider for a Commonwealth contract; and, (b) the organisation collected the information for the purpose of meeting (directly or indirectly) an obligation under the contract; and. ", Monday & Tuesday 9am - 3pm If you disagree with any part of these terms and conditions, please do not use our website. The Privacy Act 1988 and the Credit Reporting Privacy Code 2014 places obligations and responsibilities on employers and employees to ensure that information collected from individuals is collected, retained and used in line with the APPs. These links are provided for your convenience to provide further information. (a) to give access to the personal information because of sub-clause 12.2 or 12.3; or. Note:Forpermitted general situation, see section 16A. 10.2 An APP entity must take such steps (if any) as are reasonable in the circumstances to ensure that the personal information that the entity uses or discloses is, having regard to the purpose of the use or disclosure, accurate, up to date, complete and relevant. (c) the use or disclosure is necessary to meet (directly or indirectly) such an obligation. For complete terms visit afterpay.com/terms. As at 25 May 2018, the EU General Data Protection Regulation (GDPR) was introduced providing increased transparency for data protection for all businesses transferring data to the Europe Union. Red Fox Orchids ensures that all personal information is held in a secure manner. 7.1 If an organisation holds personal information about an individual, the organisation must not use or disclose the information for the purpose of direct marketing. It is subject to change without notice. Relationship with Credit Reporter In the event that notification of a default has been reported to a Credit Reporter and your credit file has been updated (including any changes to the balance outstanding or contact details), then the Credit Reporter shall be notified as soon as practical of any such changes. Unless otherwise agreed, Red Fox Orchids agrees not to disclose any personal information about the client for the purpose of direct marketing. As a client of Red Fox Orchids and agreeing to Red Fox Orchids Terms and Conditions of Trade, which includes Red Fox Orchids privacy statement you hereby agree and consent to the provisions of this Privacy Policy Manual, including but not limited to the collection, processing, use and disclosure of your personal information. Red Fox Orchids collects personal information for a variety of reasons. In the event that a complaint about privacy issues is received the Privacy Officer will: 1/ Take ownership of the complaint and ensure that it is dealt with in a timely manner. It will be made available (where applicable) on Red Fox Orchids website. They are designed to hold a modest amount of data (including personal information) specific to a particular client and website, and can be accessed either by the web server or the clients computer. 9.2 An organisation must not use or disclose a government related identifier of an individual unless: (a) the use or disclosure of the identifier is reasonably necessary for the organisation to verify the identity of the individual for the purposes of the organisations activities or functions; or, (b) the use or disclosure of the identifier is reasonably necessary for the organisation to fulfil its obligations to an agency or a State or Territory authority; or, (c) the use or disclosure of the identifier is required or authorised by or under an Australian law or a court/tribunal order; or, (d) a permitted general situation (other than the situation referred to in item 4 or 5 of the table in subsection 16A(1)) exists in relation to the use or disclosure of the identifier; or, (e) the organisation reasonably believes that the use or disclosure of the identifier is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or. Red Fox Orchids will collect and process personal information in the normal course of business. a systematic monitoring of a publicly accessible area on a large scale. Forpermitted health situation, see section 16B. 5.2 The matters for the purposes of sub-clause 5.1 are as follows: (a) the identity and contact details of the APP entity; (i) the APP entity collects the personal information from someone other than the individual; or. (e) the APP entity is a non-profit organisation and both of the following apply: (i) the information relates to the activities of the organisation; (ii) the information relates solely to the members of the organisation, or to individuals who have regular contact with the organisation in connection with its activities. We use cookies on our website. The client acknowledges that provided the correct Privacy Act disclosures have been made that Red Fox Orchids may conduct a credit report on the client for the purposes of evaluating the credit worthiness of the client. A copy of the APPs as produced by the Office of the Australian Information Commissioner is attached as Appendix A. Red Fox Orchids does not disclose information about the client to third party overseas recipients unless the client has provided its consent. You may make a request to withdraw your consent at anytime by telephone and/or by email to the following contact details; Red Fox Orchids will ensure that any Information that is to be obtained from you is done so verbally or using Red Fox Orchids prescribed forms which; It is the responsibility of Red Fox Orchids to ensure that any personal information obtained is as accurate and up to date as possible and information is only collected by lawful means in accordance with the Act and relevantly, in accordance with the GDPR. Note:Australian Privacy Principle 8 sets out requirements for the disclosure of personal information to a person who is not in Australia or an external Territory. 9.3 This sub-clause applies in relation to the adoption, use or disclosure by an organisation of a government related identifier of an individual if: (a) the identifier is prescribed by the regulations; and, (b) the organisation is prescribed by the regulations, or is included in a class of organisations prescribed by the regulations; and. The name of this officer is available by making contact with Red Fox Orchids. This involves, identifying Red Fox Orchids data protection officer (Privacy Officer), how clients can contact the Privacy Officer and identifying the process of transferring clients personal information. (c) the adoption, use or disclosure occurs in the circumstances prescribed by the regulations. 5.1 At or before the time or, if that is not practicable, as soon as practicable after, an APP entity collects personal information about an individual, the entity must take such steps (if any) as are reasonable in the circumstances: (a) to notify the individual of such matters referred to in sub-clause 5.2 as are reasonable in the circumstances; or. You also have the right to request (by telephone and/or by email) that Red Fox Orchids correct any information that is incorrect, outdated or inaccurate. 2.1 Individuals must have the option of not identifying themselves, or of using a pseudonym, when dealing with an APP entity in relation to a particular matter. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. (a) the APP entity refuses to correct the personal information as requested by the individual; and. 3.3 An APP entity must not collect sensitive information about an individual unless: (a) the individual consents to the collection of the information and: (i) if the entity is an agencythe information is reasonably necessary for, or directly related to, one or more of the entitys functions or activities; or, (ii) if the entity is an organisationthe information is reasonably necessary for one or more of the entitys functions or activities; or. 12.10 If the APP entity refuses to give access to the personal information because of paragraph 12.3(j), the reasons for the refusal may include an explanation for the commercially sensitive decision. 8.1 Before an APP entity discloses personal information about an individual to a person (the overseas recipient): (a) who is not in Australia or an external Territory; and. Note: In certain circumstances, an act done, or a practice engaged in, by the overseas recipient is taken, under section 16C, to have been done, or engaged in, by the APP entity and to be a breach of the Australian Privacy Principles. a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person; processing on a large scale of special categories of data referred to in. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Welcome to our website. If a person complains to the Privacy Commissioner that Red Fox Orchids has breached their privacy, the Information Commissioner may contact the Privacy Officer to discuss the complaint, and to see whether there is any means of settling the matter. Further information regarding the APPs can be obtained from the office of the Australian Information Commissioner at www.oaic.gov.au. 1.1 The object of this principle is to ensure that APP entities manage personal information in an open and transparent way. 6.1 If an APP entity holds personal information about an individual that was collected for a particular purpose (the primary purpose), the entity must not use or disclose the information for another purpose (the secondary purpose) unless: (a) the individual has consented to the use or disclosure of the information; or. 12.6 Without limiting sub-clause 12.5, access may be given through the use of a mutually agreed intermediary. While the GDPR and the APP share some similarities, Red Fox Orchids is providing robust privacy policies and procedures for its staff and clients. (b) give access to the information in the manner requested by the individual, if it is reasonable and practicable to do so. APPENDIX A INFORMATION PRIVACY PRINCIPLES, Part 1 Consideration Of Personal Information Privacy, Australian Privacy Principle 1 open and transparent management of personal information. 3.4 This sub-clause applies in relation to sensitive information about an individual if: (a) the collection of the information is required or authorised by or under an Australian law or a court/tribunal order; or, (b) a permitted general situation exists in relation to the collection of the information by the APP entity; or, (c) the APP entity is an organisation and a permitted health situation exists in relation to the collection of the information by the entity; or. 8.2 Sub-clause 8.1 does not apply to the disclosure of personal information about an individual by an APP entity to the overseas recipient if: (a) the entity reasonably believes that: (i) the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the Australian Privacy Principles protect the information; and, (ii) there are mechanisms that the individual can access to take action to enforce that protection of the law or binding scheme; or. Red Fox Orchids will notify you if circumstances change regarding overseas disclosure and will comply with the Act and the GDPR in all respects. The Privacy Officer may be asked to provide background information or identify the staff members who can do so. (b) from unauthorised access, modification or disclosure. (a) the APP entity determines that the entity could not have collected the personal information; and. (f) the entity is an agency and both of the following apply: (i) the entity reasonably believes that the disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body; (ii) the recipient is a body that performs functions, or exercises powers, that are similar to those performed or exercised by an enforcement body. (c) any other matter prescribed by the regulations. To notify a default (subject to 1(c) above). If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Red Fox Orchidss relationship with you in relation to this website. (a) the APP entity is an agency; and. (ii) the individual requests the entity to correct the information; the entity must take such steps (if any) as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading. APP 1.3 requires an APP entity to have a clearly expressed and up-to-date APP privacy policy describing how it manages personal information. 12.7 If the APP entity is an agency, the entity must not charge the individual for the making of the request or for giving access to the personal information. (e) the APP entity reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body. 7.4 Despite subclause 7.1, an organisation may use or disclose sensitive information about an individual for the purpose of direct marketing if the individual has consented to the use or disclosure of the information for that purpose. 1.2 An APP entity must take such steps as are reasonable in the circumstances to implement practices, procedures and systems relating to the entitys functions or activities that: (a) will ensure that the entity complies with the Australian Privacy Principles and a registered APP code (if any) that binds the entity; and. Red Fox Orchids will not pass on your personal information to third parties without first obtaining your consent. The data protection assessment will be required in instances whereby: The assessment shall be carried out in accordance with Article 35 (7) of the GDPR and carry out reviews of such data protection impact assessments when there is any change of the risk associated with the processing of personal information. We will respond to that complaint within 7 days of receipt and will take all reasonable steps to make a decision as to the complaint within 30 days of receipt of the complaint. Notification of correction to third parties, (a) the APP entity corrects personal information about an individual that the entity previously disclosed to another APP entity; and. These principles apply to private sector organisations who deal with information relating to individuals. 3.7 This principle applies to the collection of personal information that is solicited by an APP entity. Individual may request not to receive direct marketing communications etc. 3.2 If an APP entity is an organisation, the entity must not collect personal information (other than sensitive information) unless the information is reasonably necessary for one or more of the entitys functions or activities. An APP privacy policy is a key tool for meeting APP 1s requirements. (b) will enable the entity to deal with inquiries or complaints from individuals about the entitys compliance with the Australian Privacy Principles or such a code. From time to time, this website may also include links to other websites. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia. In the event that you withdraw your agreement and consent to any of the above use, processing collection and disclosure, then Red Fox Orchids warrants that any request by you to withdraw your consent or agreement shall be deemed as confirmation by you to cease any and/or all collection use, processing and disclosure of your personal information.
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