Privacy Policy

Responsibilities

Animal Liberation’s Board is responsible for developing, adopting and reviewing this policy.

Animal Liberation NSW’s CEO is responsible for the implementation of this policy, for monitoring changes in Privacy legislation, and for advising on the need to review or revise this policy as and when the need arises. 

Your privacy is important

This statement outlines Animal Liberation’s policy on how the organisation uses and manages personal information provided to or collected by it. 

Animal Liberation NSW is bound by the Australian Privacy Principles contained in the Commonwealth Privacy Act and is compliant with the Privacy Amendment (Enhancing Privacy Protection) Act 2012

Animal Liberation NSW may, from time to time, review and update this Privacy Policy to take account of new laws and technology, changes to Animal Liberation NSW’s operations and practices and to make sure it remains appropriate to the changing legal environment. 

Personal information you provide

In relation to employee records 

Under the Privacy Act the Australian Privacy Principles do not apply to an employee record. As a result, this Privacy Policy does not apply to Animal Liberation’s treatment of an employee record, where the treatment is directly related to a current or former employment relationship between the organisation and employee. 

How will Animal Liberation NSW use the personal information you provide? 

The organisation will use personal information it collects from you for the primary purpose of collection, and for such other secondary purposes that are related to the primary purpose of collection and reasonably expected, or to which you have consented.

These have been outlined above.

We may use video surveillance for security purposes and the footage will be used only by Animal Liberation NSW and by the providers of our security services for security purposes. Surveillance videos are not used by Animal Liberation NSW for other purposes and the footage is not publicly available. Surveillance cameras are not located in any bathrooms or change room facilities.

Job applicants, staff members and contractors:

In relation to personal information of job applicants, staff members and contractors Animal Liberation NSW’s primary purpose of collection is to assess and (if successful) to engage the applicant, staff member or contractor, as the case may be. 

The purposes for which the organisation uses personal information of job applicants, staff members and contractors include: 

• for insurance purposes;

• to satisfy Animal Liberation NSW’s legal obligations,

Where Animal Liberation NSW receives unsolicited job applications these will usually be dealt with in accordance with the unsolicited personal information requirements of the Privacy Act.

Volunteers

Animal Liberation NSW also obtains personal information about volunteers who assist in its functions or conduct associated activities, such as to enable Animal Liberation NSW and the volunteers to work together. 

Sending information overseas

Animal Liberation NSW will not send personal information about an individual outside Australia without: 

• obtaining the consent of the individual (in some cases this consent will be implied); or

• otherwise complying with the Australian Privacy Principles or other applicable privacy legislation.

We do use overseas providers of IT services including servers and cloud services

If the organisation sends personal information overseas, even if only to a server, we must name the country to which the information is being sent.

Animal Liberation NSW uses Action Network and below is their privacy policy 

https://actionnetwork.org/privacy

How does Animal Liberation NSW treat sensitive information? 

In referring to ‘sensitive information’, the organisation means: 

“information relating to a person’s racial ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual preferences or criminal record, that is also personal information; and health information about an individual”.

Sensitive information will be used and disclosed only for the purpose for which it was provided or a directly related secondary purpose, unless you agree otherwise, or the use or disclosure of the sensitive information is allowed by law. 

Management and security of personal information 

Animal Liberation NSW staff are required to respect the confidentiality of personal information and the privacy of individuals. 

Animal Liberation NSW has in place steps to protect the personal information the organisation holds from misuse, loss, unauthorised access, modification, interference or disclosure by use of various methods including locked storage of paper records and passworded access rights to computerised records. 

We have a data breach response plan, which we would follow in the unlikely event of a privacy or data breach.

Updating personal information 

Animal Liberation NSW ensures that the personal information it holds is accurate, complete and up-to-date. A person may seek to update their personal information held by Animal Liberation NSW by contacting the office at any time.

The Australian Privacy Principles and the Health Privacy Principles require Animal Liberation NSW not to store personal information longer than necessary. In particular, the Health Privacy Principles impose certain obligations about the length of time health records must be stored. 

You have the right to check what personal information the organisation holds about you. 

Under the Commonwealth Privacy Act and the Health Records Act, an individual has the right to obtain access to any personal information which Animal Liberation NSW holds about them and to advise the organisation of any perceived inaccuracy. There are some exceptions to this right set out in the applicable legislation. To make a request to access any information Animal Liberation NSW holds about you, please contact the office in writing. 

Animal Liberation NSW may require you to verify your identity and specify what information you require 

How long will Animal Liberation NSW keep my information?

Under our destruction and de-identification policies, your personal information that is no longer required will be de-identified or destroyed. In many circumstances, however it will be kept for marketing purposes, if you will have consented to that in writing with us.

Enquiries and privacy complaints

If you would like further information about the way Animal Liberation NSW manages the personal information it holds, please contact the office. If you think there has been a breach of privacy please advise us so we can act upon this.  If you are not satisfied with our response to your complaint within 30 days from this meeting then you can refer your complaint to the Office of the Australian Information Commissioner.

• email: sydneyhq@animal-lib.org.au

• 02 9262 3221

• ABN 6600 2228328

Collection

Animal Liberation NSW will:

• Only collect information that is necessary for the performance and primary function of Animal Liberation NSW

• Collect personal information only by lawful and fair means and not in an unreasonably intrusive way.

• Notify stakeholders about why we collect the information and how it is administered.

• Notify stakeholders that this information is accessible to them.

• Collect personal information from the person themselves wherever possible.

• If collecting personal information from a third party, be able to advise the person whom the information concerns, from whom their personal information has been collected.

• Collect Sensitive information only with the person’s consent or if required by law. (Sensitive information includes health information and information about religious beliefs, race, gender and others).

• Animal Liberation will also collect sensitive information about an individual if such collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:

• is physically or legally incapable of giving consent to the collection; or

• physically cannot communicate consent to the collection; or

• If Animal Liberation NSW collects information during the course of the activities of a non-profit organisation—the following conditions must be 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;

• at or before the time of collecting the information Animal Liberation NSW inform the individual whom the information concerns that it will not disclose the information without the individual’s consent; and

• the collection must be necessary for the establishment, exercise or defence of a legal or equitable claim.

• Determine, where unsolicited information is received, whether the personal information could have collected it in the usual way, and then if it could have, it will be treated normally. (If it could not have been, it must be destroyed, and the person whose personal information has been destroyed will be notified about the receipt and destruction of their personal information).

Use and Disclosure

Animal Liberation NSW will:

• Only use or disclose information for the primary purpose for which it was collected or a directly related secondary purpose.

• For other uses Animal Liberation NSW will obtain consent from the affected person.

• In relation to a secondary purpose, use or disclose the personal information only where:

  • a secondary purpose is related to the primary purpose and the individual would reasonably have expected us to use it for purposes; or

  • the person has consented; or

  • certain other legal reasons exist, or disclosure is required to prevent serious and imminent threat to life, health or safety.

• In relation to personal information which has been collected from a person, use the personal information for direct marketing, where that person would reasonably expect it to be used for this purpose, and Animal Liberation NSW has provided an opt out and the opt out has not been taken up.

• In relation to personal information which has been collected other than from the person themselves, only use the personal information for direct marketing if the person whose personal information has been collected has consented (and they have not taken up the opt-out).

• In each direct marketing communication with the individual, Animal Liberation NSW draws to the individual’s attention, or prominently displays a notice, that he or she may express a wish not to receive any further direct marketing communications.

• State in Animal Liberation NSW’s privacy policy whether the information is sent overseas and further will ensure that any overseas providers of services are as compliant with privacy as Animal Liberation NSW is required to be. Such disclosures will only be made if:

• the oversea recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or

• the individual consents to the transfer; or

• the transfer is necessary for the performance of a contract between the individual and the organisation, or for the implementation of pre contractual measures taken in response to the individual’s request; or

• the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between the organisation and a third party; or

• the organisation has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles.

• In relation to the overseas transfer of personal information, if it is impractical for Animal Liberation NSW to receive the person’s consent to that transfer, Animal Liberation NSW must have sufficient reasons to believe that the person would likely give consent could they be contacted.

• Provide all individuals access to personal information except where it is a threat to life or health or it is authorized by law to refuse and, if a person is able to establish that the personal information is not accurate, then Animal Liberation NSW must take steps to correct it. Animal Liberation NSW may allow a person to attach a statement to their information if Animal Liberation NSW disagrees it is inaccurate.

• Where for a legal or other reason we are not required to provide a person with access to the information, consider whether a mutually agreed intermediary would allow sufficient access to meet the needs of both parties.

• Make no charge for making a request for personal information, correcting the information or associating a statement regarding accuracy with the personal information.

• Each written direct marketing communication with the individual must set out Animal Liberation NSW’s business address and telephone number and, if the communication with the individual is made by fax, telex or other electronic means, a number or address at which the organisation can be directly contacted electronically.

• If the disclosure of sensitive information is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety and it is impracticable for Animal Liberation NSW to seek the individual’s consent before the use or disclosure and the use or disclosure is conducted in accordance with guidelines approved by the Commissioner under section 95A, the organisation may make such a disclosure.

• If Animal Liberation NSW has sufficient reasons to believe that an unlawful activity has been, is being or may be engaged in, and the disclosure of personal information becomes a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities, the organisation may make such disclosures.

• Animal Liberation NSW may further disclose personal information if its disclosure is mandated by an enforcement body or is required for the following:

• 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.

For the purpose of this Clause Animal Liberation NSW must make a written note of the use or disclosure.

Animal Liberation Storage

Implement and maintain steps to ensure that personal information is protected from misuse and loss, unauthorized access, interference, unauthorized modification or disclosure.

• Before Animal Liberation NSW discloses any personal information to an overseas recipient including a provider of IT services such as servers or cloud services, establish that they are privacy compliant. Animal Liberation NSW will have systems which provide sufficient security.

• Ensure that Animal Liberation NSW data is up to date, accurate and complete.

Destruction and de-identification Animal Liberation NSW

Data Quality

Animal Liberation NSW will:

• Take reasonable steps to ensure the information Animal Liberation NSW collects is accurate, complete, up to date, and relevant to the functions we perform.

Data Security and Retention

Openness

Access and Correction

Animal Liberation NSW will:

• Ensure individuals have a right to seek access to information held about them and to correct it if it is inaccurate, incomplete, misleading or not up to date.

• If the individual and [organisation] disagree about whether the information is accurate, complete and up to date, and the individual asks [organisation] to associate with the information a statement claiming that the information is not accurate, complete or up to date, the [organisation] will take reasonable steps to do so.

• Animal Liberation NSW will provide to the individual its reasons for denial of access or a refusal to correct personal information.

• Animal Liberation NSW can withhold the access of an individual to his/her information if:

• providing access would pose a serious and imminent threat to the life or health of any individual; or

• providing access would have an unreasonable impact upon the privacy of other individuals; or

• the request for access is frivolous or vexatious; or

• the information relates to existing or anticipated legal proceedings between the organisation and the individual, and the information would not be accessible by the process of discovery in those proceedings; or

• providing access would reveal the intentions of the organisation in relation to negotiations with the individual in such a way as to prejudice those negotiations; or

• providing access would be unlawful; or

• providing access would be likely to prejudice an investigation of possible unlawful activity; or

• an enforcement body performing a lawful security function asks Animal Liberation NSW not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.

• Where providing access would reveal evaluative information generated within the organisation in connection with a commercially sensitive decision making process, Animal Liberation NSW may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.

• If Animal Liberation NSW decides not to provide the individual with access to the information on the basis of the above mentioned reasons, [organisation] will consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.

• Animal Liberation NSW may charge for providing access to personal information. However, the charges will be nominal and will not apply to lodging a request for access.

Identifiers

• Animal Liberation NSW will not adopt as its own identifier of an individual an identifier that has been assigned by any third party. It may however adopt a prescribed identifier by a prescribed organisation in prescribed circumstances.

• Animal Liberation NSW will not use or disclose the identifier assigned to an individual by a third party unless:

• the use or disclosure is necessary for the organisation to fulfil its obligations to the agency; or

• the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances.

Anonymity

Allow people from whom the personal information is being collected to not identify themselves or use a pseudonym unless it is impracticable to deal with them on this basis.

Making information available to other organisations

Animal Liberation NSW can:

• Release information to third parties where it is requested by the person concerned.

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