This Policy is a public document and has been drafted having regard to LemonTree’ obligations under the Privacy Act 1988 (Privacy Act), including the Australian Privacy Principles.
1.1 LemonTree will only collect Personal Information where necessary for LemonTree to perform one or more of its functions or activities. In this context, ‘collect’ means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified.
1.2 LemonTree collects Personal Information primarily to supply organisations and individuals who obtain LemonTree services with information and details of those services. LemonTree also collects and uses Personal Information for secondary purposes including:
· provision of services;
· optimisation of marketing activities;
· business planning and service development;
1.3 LemonTree will notify individuals (including, but not limited to, our customers) of the matters listed below at the time of collecting any Personal Information:
· the main reason that we are collecting Personal Information (this reason will be the Primary Purpose);
· other related Uses or Disclosures that we may make of the Personal Information (Secondary Purposes);
· our identity and how individuals can contact us, if this is not obvious;
· that individuals can access the Personal Information that LemonTree holds about them;
· that individuals should contact LemonTree (even if they are not a member or an employee of a member) if they wish to access or correct Personal Information collected by us or have any concerns in relation to Personal Information;
· the organisations or types of organisations to whom we usually Disclose the Personal Information;
· where applicable, any law that requires the Personal Information to be collected;
· the consequences (if any) for the individual if all or part of the Personal Information is not provided to LemonTree.
1.4 Where it is not practicable for LemonTree to notify individuals of all of the Collection Information before the collection of Personal Information, LemonTree will ensure that individuals are notified of the Collection Information as soon as possible after the collection. LemonTree will provide “post collection notification” in those circumstances where it is not practicable to notify individuals about the collection of their personal information before it is collected.
1.5 LemonTree will not collect Sensitive Information from individuals except with express consent from the individual and only where it is necessary for LemonTree to collect such information for an activity or function.
1.6 LemonTree will not collect Personal Information secretly or in an underhanded way.
1.7 LemonTree will take steps to ensure that individuals on purchased lists are or have been notified of the information as outlined at 1.3.
2.1 LemonTree will obtain an individual’s consent for Use of non-sensitive Personal Information for Secondary Purposes at the time of collection, unless the Use is a related Secondary Purpose, which would be within the relevant individual’s Reasonable Expectations.
2.2 LemonTree Uses Personal Information primarily for the purposes listed in 1.2 above.
2.3 If LemonTree relies on the Direct Marketing exception to Direct Market to individuals it will ensure that:
· individuals are clearly notified of their right to Opt Out from further Direct Marketing; and
· if the individual Opts Out of all Direct Marketing the Opt Out will be respected by LemonTree and implemented free of charge.
2.4 LemonTree will not use Sensitive Information for Direct Marketing.
2.5 LemonTree may use Personal Information to avoid an imminent threat to a person’s life or to public safety. It may also use Personal Information for reasons related to law enforcement or internal investigations into unlawful activities.
2.6 LemonTree will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.
2.7 LemonTree will not attempt to match de-identified or anonymous data collected through surveys or such online devices as “cookies”, with information identifying an individual, without the consent of the relevant individual.
3.1 LemonTree may Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual.
3.2 LemonTree may Disclose Personal Information to unrelated third parties to enable outsourcing of functions where that Disclosure or Use is for a related Secondary Purpose and has been notified to individuals or where such Disclosure is within the individual’s Reasonable Expectations.
3.3 LemonTree will take reasonable steps to ensure that its contracts with third parties include requirements for third parties to comply with the Use and Disclosure requirements of the Privacy Act 1998.
3.4 In the rare event that LemonTree is required to disclose Personal Information to law enforcement agencies, government agencies or external advisors LemonTree will only do so in accordance with the Privacy Act or any other relevant Australian legislation.
3.5 LemonTree may Disclose Personal Information to avoid an imminent threat to a person’s life or to public safety.
3.6 If a Disclosure is not for a Primary Purpose; is not for a related Secondary Purpose; or upfront consent has not been obtained, LemonTree will not Disclose Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above.
3.7 LemonTree does not generally share its customer lists on a commercial basis with third parties but if it did, it would only do so if we had the appropriate consent of the individual involved.
4. Information Quality
4.1 LemonTree will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.
4.2 LemonTree will take steps to destroy or de-identify Personal Information after as short a time as possible and after a maximum of seven years, unless the law requires otherwise.
5. Information Security
5.1 LemonTree requires employees and contractors to perform their duties in a manner that is consistent with LemonTree’ legal responsibilities in relation to privacy.
5.2 LemonTree will take all reasonable steps to ensure that paper and electronic records containing Personal Information are stored in facilities that are only accessible by people within LemonTree who have a genuine “need to know” as well as “right to know”.
5.3 LemonTree will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained.
6. Access and Correction
6.1 LemonTree will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act.
6.2 LemonTree will correct its records containing Personal Information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.
6.3 Individuals wishing to lodge a request to access and/or correct their Personal Information should do so by contacting LemonTree, as per the details on the back of this document.
6.4 LemonTree will not normally charge a fee for processing an access request unless the request is complex or is resource intensive.
7.1 Contact with LemonTree via phone or web inquiry will be the first point of contact for inquiries about privacy issues.
7.2 Any formal privacy related complaints should be directed in writing via email at email@example.com or writing to the LemonTree Privacy Officer 48 Chandos Street, St Leonards NSW 2065.
7.3 Our Privacy Office will provide an initial response to privacy queries or complaints within 10 business days, and
investigate and attempt to resolve queries or complaints within 30 business days or such longer period as is necessary and notified to you by our Privacy Officer.
8. Anonymous Transactions
8.1 LemonTree will not make it mandatory for visitors to its web sites to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. LemonTree may however request visitors to provide Personal Information voluntarily to LemonTree (for example, as part of a competition or questionnaire).
8.2 LemonTree will allow its customers to transact with it anonymously wherever that is reasonable and practicable.
9. Disclosure of personal information overseas
9.1 LemonTree does not generally send information overseas.
9.2 LemonTree is unlikely to disclose Personal Information to overseas recipients, however may from time to time require access to overseas, third-party services required to support core business activities. These third parties include (but are not limited to) MailChimp, SurveyMonkey, Twitter and Google and may not be subject to the Privacy Act. If LemonTree wishes to disclose any Personal Information or Consumer & Business Data to overseas recipients, LemonTree will take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the APPs (excluding APP 1) except as otherwise required, authorised or permitted by the law.
Collection Information means the information outlined in 1.3 notified to individuals prior to, or as soon as practical after, the collection of their Personal Information.
Direct Marketing means the marketing of goods or services through means of communication including written, verbal or electronic means. The goods or services which are marketed may be those of LemonTree or a Related Body Corporate or those of an independent third party organisation.
Disclosure generally means the release of information outside LemonTree, including under a contract to carry out an “outsourced function”.
Personal Information means 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 whose identity is apparent, or can reasonably be ascertained from the information or opinion.
Primary Purpose is the dominant or fundamental reason for information being collected in a particular transaction.
Reasonable Expectation means a reasonable individual’s expectation that their personal information might be Used or Disclosed for the particular purpose.
Sensitive Information means information or an opinion about an Individual’s:
· racial or ethnic origin; or
· membership of a political association; or
· religious beliefs or affiliations; or
· philosophical beliefs; or
· membership of a professional or trade association; or
· membership of a trade union; orsexual preferences or practices; or
· criminal record; that is also personal information; or
· health information about an individual.
· Use means the handling of Personal Information within LemonTree.
You can opt-out of any email communications – LemonTree sends billing information, product information, Service updates and Service notifications to You via email. Our emails will contain clear and obvious instructions describing how You can choose to be removed from any mailing list not essential to the Service. LemonTree will remove You at Your request.
This policy may be updated from time to time – LemonTree reserves the right to change this Policy at any time, and any amended Policy is effective upon posting to this Website. LemonTree will make every effort to communicate any significant changes to You via email or notification via the Service. Your continued use of the Service will be deemed acceptance of any amended Policy.
PO Box 412, St Leonards NSW 1590