Karting (New South Wales) Inc (“KNSW”, “we” or “us”) respects your privacy and is committed to ensuring that we comply with the Australian Privacy Principles (“APPs”) as set out in the Privacy Act 1988 (Cth) (“Privacy Act”).
This document sets out our policy on how we endeavour to ensure compliance with our privacy obligations.
What is personal information? Personal Information includes information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual (not a corporate body) whose identity is apparent, or can reasonably be ascertained, from the information or opinion. It includes all Personal Information regardless of its source.
Collection. KNSW collects, holds, uses and discloses Personal Information from employees, clients, suppliers, supporters, volunteers, players and other individuals interested in karting in NSW. In all departments, in most cases, only the individual’s direct contact and necessary details are collected. The types of Personal Information collected and held by KNSW includes:
• name, date of birth street address, postal address, email address, phone numbers, fax numbers; • credit card details; • playing history and demographic information; • interest in areas of KNSW’s business; and • opinions about employees, for example, as a individual or service provider;
Personal Information is collected from our registration/application forms with the individual or parent/guardian’s consent but we may also collect Personal Information by written correspondence, via telephone, online forms or in meetings with individuals.
We will not collect your Personal Information if it is unreasonable or impracticable to do so and we only collect Personal Information by lawful and fair means without being unreasonably intrusive. You may choose not to provide Personal Information we request and we will respect your choice, however this may result in your ineligibility to receive certain products and services from us. This may include entry to competitions conducted by KNSW or inclusion in special development programs or coaching programs administered by KNSW. Sensitive information is a subset of Personal Information. It means information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record or health information about an individual. Generally, KNSW will not collect sensitive information. However, it may collect sensitive information in certain circumstances with your consent if the information is reasonably necessary for one or more of KNSW’s functions or activities. In certain circumstances,
KNSW may collect your sensitive information without your consent if:
• the legal compliance exemption applies; or • a permitted general situation exemption applies in relation to the collection of the information. Use and disclosure of Personal Information KNSW holds Personal Information about an individual that was collected for a particular purpose (the primary purpose). KNSW will not use or disclose the information for another purpose (the secondary purpose) unless you have consented to the use or disclosure of the information or there is an exemption: Reasonably related purposes may include, but are not limited to:
• verifying an individual’s identity; • developing, running, administering and marketing competitions, programs, activities and other events relating to karting and other sports; • marketing products, services, merchandise and special offers made available by KNSW or our respective corporate partners, licensees, suppliers and sponsors; • administering and managing our respective websites and providing individuals with access to those websites; • keeping individuals informed of news and information (such as advanced notice of ticket sales) relating to karting and other sports, including by distributing newsletters, publications and other communications via various mediums; • researching and developing new competitions, programs, activities and other events relating to karting and other sports; • researching and developing new competitions, programs, activities and other events relating to karting and other sports; • researching and developing new products, services and merchandise relating to karting and other sports; and • statistical or aggregated purposes which may be related to business planning or some other purposes as required by legislation from time to time.
KNSW will only use the information for other purposes if your consent is obtained, or if it is otherwise entitled to do so under the Privacy Act. KNSW will not disclose sensitive information without the individual’s consent unless the secondary purpose is directly related to the primary purpose or there is a need to disclose such information in accordance with the Privacy Act. If you do not wish to receive our newsletters, publications and other communications, you should contact KNSW (contact details are set out below). KNSW will not sell or trade your details to a third party. KNSW does not generally disclose Personal Information to overseas entities. However, if necessary it may do so where:
• you give us consent, or • the recipient of the Personal Information is also subject to laws or a contract with equivalent protection to the APPs.
• the date and time of access to the website; • parts of the website visited; and • address of the website from the website was accessed.
Quality control and security of Personal Information. KNSW will take reasonable steps to ensure that the Personal Information KNSW uses or discloses is, having regard to the purpose of the use or disclosure, accurate, up to date, complete and relevant.
KNSW makes every effort to ensure that the Personal Information it holds is protected from misuse or unauthorised access, modification or disclosure. Security measures include, but are not limited to:
• requiring individuals who handle Personal Information to respect and maintain the confidentiality of that information and the privacy of individuals; • restricting access to computer systems to authorised persons through the use of user names and passwords. These restrictions also allow KNSW to track which authorised persons have accessed records; • the use of firewalls, intrusion detection devices and virus scanning tools to prevent unauthorised persons and viruses entering KNSW’s systems; and • controlling access to physical records and providing secure and storage through the use of physical barriers such as locks.
Personal Information will be retained for only as long as needed to meet the primary purpose for which it was collected or as otherwise required. KNSW will take reasonable steps to protect Personal Information from misuse, interference and loss and from unauthorised access, modification or disclosure. If KNSW holds Personal Information about an individual and it no longer needs the information for any purpose for which the information may be used or disclosed by KNSW and KNSW is not required by or under an Australian law, or a court/tribunal order, to retain the information, we will take reasonable steps to archive or destroy the information or to ensure that the information is de-identified. If we receive unsolicited Personal Information, we will determine within a reasonable period after receiving the information whether or not we could have collected the information if we had solicited it. If we determine that we could not have collected the information, we will, as soon as practicable and it is lawful and reasonable to do so, destroy the information or ensure that it is de-identified.
Accuracy of Personal Information KNSW will take reasonable steps to ensure that the data collected, used or disclosed is complete and up-to-date and has been obtained directly from you or reputable sources. KNSW requests that you discover an error in your Personal Information or your Personal Information changes, that you notify KNSW of the necessary changes as soon as possible.
Accessing Personal Information If KNSW holds Personal Information about you, you can request access to the information by contacting the KNSW Privacy Officer (contact details are set out below). KNSW will respond to the request within a reasonable period. If necessary, KNSW may also require you to verify your identity. Where the request is accepted, KNSW may charge you a reasonable fee for providing access to the Personal Information. KNSW is entitled to refuse a request to access Personal Information in particular circumstances including, but not limited to, where providing access would be unlawful or would have an unreasonable impact on the privacy of other individuals. KNSW may not be required to give you information to the extent that:
• it believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; • giving access would have an unreasonable impact on the privacy of other individuals; • the request for access is frivolous or vexatious; • the information relates to existing or anticipated legal proceedings between KNSW and you and would not be accessible by the process of discovery in those proceedings; • giving access would reveal the intentions of KNSW in relation to negotiations with the individual in such a way as to prejudice those negotiations; • giving access would be unlawful; • denying access is required or authorised by or under an Australian law or a court/tribunal order; or
KNSW has reason to suspect that unlawful activity, or misconduct of a serious nature that relates to KNSW’s functions or activities has been is being or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;
• giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or • giving access would reveal evaluative information generated within KNSW in connection with a commercially sensitive decision-making process.
If KNSW refuses to give access to the Personal Information because of any of the reasons above, KNSW will give you a written notice that sets out:
• the reasons for the refusal except to the extent that it would be unreasonable to do so; and • the mechanisms available to complain about the refusal.
If KNSW refuses to give access to the Personal Information because of above reasons or refuses to give access in the manner requested by the individual, it must take such steps (if any)
as are reasonable in the circumstances to give access in a way that meets the needs of the entity and the individual, for example through the use of a mutually agreed intermediary.
Correcting Personal Information If KNSW holds Personal Information about you and either:
• KNSW is satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out of date, incomplete, irrelevant or misleading; or • you request KNSW to correct the information.
KNSW will take reasonable steps to correct the 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. KNSW will respond to such request within a reasonable period after the request is made. KNSW will not charge you for making the request, for correcting the Personal Information or for associating the statement with the Personal Information. If KNSW corrects Personal Information about you and KNSW has previously disclosed it to another entity and you request that we notify the other entity of the correction, KNSW will take reasonable steps to give that notification unless it is impracticable or unlawful to do so. If KNSW refuses to correct the personal statement as requested by the individual and the individual requests KNSW to associate with the information a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading, KNSW will take reasonable steps to associate the statement in such a way that will make the statement apparent to users of the information. If KNSW refuses to correct the Personal Information as requested by the individual, KNSW will give the individual a written notice that sets out:
• the reasons for the refusal except to the extent that it would be unreasonable to do so; and • the mechanisms available to complain about the refusal. Complaint about breach of privacy by KNSW
If you are unsure about any of the APP requirements or have a complaint about a breach of the APPs by contacting KNSW on (02) 4731 5000 between 9.00 am and 5.00 pm Monday to Friday. Alternatively a written request should be made directly to: Privacy Officer Karting (NSW) Inc,through the KNSW email address – firstname.lastname@example.org
At all times KNSW will deal with Privacy complaints promptly, seriously and in a confidential and professional manner. The KNSW Privacy Officer will commence an investigation into the complaint. The outcome of the investigation will then be reported back to you within a reasonable time following completion of the investigation.