The BBC Digital Group Privacy Policy

Berwicks (Gold Coast) Pty Ltd ATF The Gorski Family Trust A.B.N. 14 984 516 327 and Berwicks (Sunshine Coast) Pty Ltd  ATF Berwicks Sunshine Coast Trust A.B.N. 53 147 233 423  (referred to in this document as “BBC”,  “The BBC Group”  “we”, “us” or “our”) are committed to protecting the personal information we collect from you.

The BBC Group respects your privacy and all personal information provided to us, and we are committed to protecting the privacy of all persons who provide personal data to The BBC Group.

This policy sets out how we collect, use, disclose and manage your personal information.

We are bound by the Privacy Act 1988 (Cth) (“Privacy Act”) and the Australian Privacy Principles (“APPs”) set out in the act.

Pseudonym / Anonymous

In very limited circumstances, and only where lawful and practical, it may be possible for you to use a pseudonym or remain anonymous when dealing with us. If you wish to do so you should notify us when making first enquiries or providing initial instructions. We will use our best endeavours to deal with you as requested, subject to our professional obligations and ability to perform the legal service without using your name. In most cases however, our professional obligations will require you to deal with us using your real name.  Limited circumstances where it may be possible to use a pseudonym or remain anonymous include when replying to surveys or in some situations when providing feedback in circumstances where your identity is not necessary to assist in resolving any issues arising from such feedback.  You will be advised at the time where the option to remain anonymous or use a pseudonym is available.

What is Personal Information?

“Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.

Management of Personal Information

We manage the personal information we collect by ensuring that all of our officers, employees and subcontractors are aware of and understand our obligations as well as their own obligations under the Act. We will achieve this through the provision of training and through maintaining and implementing internal policies and procedures to prevent personal information from being collected, used, disclosed, retained, accessed or disposed of improperly. We provide training to our employees about professional obligations, including those relating to confidentiality, legal professional privilege and privacy.

Collection of Personal Information

We may collect and hold personal information about you, that is, information that can identify you and is relevant to providing you with the services you are seeking.

Kinds of Personal Information

The kinds of information we may collect and hold include but is not limited to: name, gender, date of birth, address, phone number, facsimile number, email address, bank account and credit card details, place and type of business, tax file number if we have money invested in our trust account for you, financial information, business circumstances, family circumstances, information about assets and investments, employment history, expertise and interests, driver’s licence and other photographic information, medicare card number for identity purposes, information otherwise required by law or our professional obligations and/or other information relevant to providing you with the services you are, or someone else you know is, seeking.

Purpose of Collection

The personal information that we collects and hold about you depends on your interaction with us. We hold different information depending on the differing  services provided to customers or, in the case of prospective employees, the information needed to assess future employment with us. In the course of providing services for a customer we are likely to collect personal information about individual customers and third parties.

Generally, we will collect and hold your personal information for the purpose of:

  • Verifying your identity for the purposes of your contract and to comply with our legal obligations
  • providing you with information about other services or products that we offer that may be of interest to you
  • providing you with the opportunity to meet other people and attend seminars and conferences in your type of business, other areas of expertise or interest.
  • facilitating our internal business operations, including the fulfilment of any legal requirements
  • analysing our  services and customer needs with a view to developing new and/or improved services.
  • In the case of prospective employees then assessing for future employment with us.
  • Contacting you to provide a testimonial for us.
  • To respond to or provide services in relation to comments, enquiries or requests made via our website.
  • Complying with any legal obligations that we may have to collect and hold such information.

Method of Collection

Personal information will generally be collected by us directly from you, through the use of any of our standard forms, over the internet, via email or other written correspondence or through a telephone or general conversation with you.  We may also collect personal information about you from third parties acting on your behalf, government bodies, paid search providers, financial institutions  and, for employees, past or current employers, medical practitioners, etc.

In most cases, the personal information BBC will collect from you is the personal information which is required by us in our effort to provide products and services to you and your organisation.

This information includes:

  • Name
  • Email address
  • Phone numbers
  • Business title
  • Company name
  • Company address
  • Bank account details
  • Any details you may provide through promotions, our subscription service, customer surveys
  • and/or payment details
  • Employment/Contracting applications containing employment history and references

Generally we collect the information you give us either online (web based forms, our subscription service, chat, email), post, facsimile, face to face, over the phone or through our partners.

We may also use automated technical means to collect personal information about our website visitors.

You may visit our website in any of the following ways:

  • By using your browser to navigate to bbcdigital.com.au
  • By viewing an advertisement displayed on a third party website that is served content by our or third party web server;
  • By viewing a print or other non-web advertisement and navigate to bbcdigital.com.au
  • By viewing an email that is served content by our web server;

Internet Users

If you access our website, we may collect additional personal information about you in the form of your IP address (that is, the single numerical address for your computer on the internet which consists of four consecutive numbers ranging between 0 and 255) and/or domain name (that is, the textual address for your location on the internet which corresponds to your IP address, which the internet computers can read). Our website may contain links to other websites.  We are not responsible for the privacy practices of linked websites and any linked websites are not subject to our privacy policies and procedures.

Collection of Statistical Information via our website

Our internet service provider makes a record of each visit to the website. When you visit our website, the following information is logged for statistical purposes only:

  • Your server address;
  • Your top level domain name (for example .com; .gov; .au; etc)
  • The date and time of your visit to the site;
  • The pages you accessed and documents downloaded by you;
  • The previous site visited by you;
  • The type of browser used by you.

Our subscription service

Our online subscription service allows us to build marketing webpages on our server where visitors can learn more about BBC, download content, and provide their contact information and other demographic information.

This information, which is stored and managed on our service providers’ server, is then used so that visitors can be contacted about their interest in the company’s goods or services and interact with BBC.

We collect information you provide to us via telephone calls, chat, email, web forms, subscription service and other communications to correspond with you about services you may be interested in purchasing. If you elect to purchase a service from BBC and have previously provided your contact information to us online via a web form, we will use some or all of the information you gave us to establish your account.
Information you submit in writing, such as chat, email, and web form information is archived and may be tied to information that we collect about your web visits.

Failure to Provide Information

If the personal information you provide to us is incomplete and/or inaccurate, we may be unable to provide you, or someone else you know, with the services you, or they, are seeking.

Use and disclosure

 Generally, we only use and/or disclose personal information about you for the purposes for which it was collected (as set out above) or as authorised under law. However, we may disclose personal information about you to: service providers, who assist us in operating our business, including IT service providers who assist in managing our servers and networks including but not limited to ‘cloud’- utilising providers such as Postini, Google, Dropbox and Smart sheet etc. in order to perform one or more of our functions or activities or for the service provider to fulfil their service obligations to us. These service providers may not be required to comply with our privacy policy;

  • a purchaser of the assets and operations of our business, providing those assets and operations are purchased as a going concern;
  • related entities and business partners;
  • Entities where we are compelled by law (eg: under the Social Security Act or Financial Transactions Reports Act 1988 or Anti-Money Laundering and Counter-Terrorism Financing Act 2006 etc);
  • Government authorities where we are of the reasonable opinion that we are legally required to do so with or without reference or notice to you;
  • Debt Collection and Credit Reporting Agencies in circumstances where accounts rendered to you, for services provided to you, have not been paid in accordance with their terms and despite further requests payment has not been forthcoming. In that event only such information that is reasonably necessary and relevant to the collection of the outstanding debt will be disclosed. (See below for further information regarding our handling of credit information).

We will not sell any personally identifiable information that you provide us to any third party.

We may also use the personal information we collect to:

  • provide products and services to you or your workplace including processing service requests, handle orders, deliver products and services
  • process payments
  • communicate with you about orders, service & support
  • provide access to secure areas of the website
  • recommend other BBC products and services, or those of our associated partners that might be of interest to you
  • to provide you with personalised information about BBC, our products & services
  • improve your browsing experience by personalising your visit to the BBC website and to improve our subscription service
  • development of case studies and testimonials on approval
  • provision of newsletters & marketing communication
  • enable us to review, develop and continually improve the products services and offers we provide
  • prevent or detect fraud or abuses of our website and services, and to enable third parties to carry out technical, logistical or other functions on our behalf
  • for complaints handling or data analytics purposes
  • assess your application for the purpose of credit worthiness and the purpose of providing credit
  • assess your application for employment, contracting opportunities
  • employment/contracting records

We use visitor information to send information about our company to visitors and to get in touch with them when necessary. We also use the information we collect to improve the content of our websites and as training aides for our employees. Visitors are given the choice at the point when we request their information.

We will not intentionally collect or maintain information which is deemed by the Privacy Act to be “Sensitive Information”. As such, we do not want you to provide information or an opinion about you or any other individual in relation to:

  • 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
  • health information
  • genetic information about you or another individual that is not otherwise health information.

When we become aware that we have such information, we will destroy the record of it.

There may be circumstances in which it is necessary for us to collect an individual’s government related identifier such as a tax file number or drivers licence etc We will not use or disclose government related identifiers unless we are required or authorised to do so by law or by a court or tribunal order or in order to fulfil our obligations to a State or Territory authority.

Overseas Disclosure

Unless your matter or our dealings with you necessitate the disclosure of your Personal Information overseas and you are reasonably aware of such necessity or unless we have obtained your consent to a particular disclosure for the purposes of your contract or our dealings with you, we do not disclose personal information to overseas recipients apart from any disclosures which may occur as a result of the use by us of IT service providers or business partners who assist in managing our servers and networks, equipment and software including but not limited to “cloud”-utilising providers such as Postini, Google, Dropbox and Smart sheet etc.  These providers may be based overseas or use overseas infrastructure to perform services for us, including in the USA, UK, EU and more.

Where the provision of this information to these providers is not considered a “disclosure”, we may provide this information as part of our “use” of this information for the purposes of allowing those IT providers to assist us in operating our business and providing required services to you.

Where the provision of this information to these providers is considered a “disclosure” then where we consider in our discretion that it is practical, we will take reasonable steps to ensure that the overseas recipients of your personal information do not breach the Australian Privacy Principles (APP’s) in relation to that information. However by having dealings with us and or engaging us to act for you, you acknowledge and consent to disclosure of your personal Information to the overseas recipients described above in the circumstances described above only, and on the basis that, whilst those overseas entities may be required to comply with similar laws to the Australian Privacy Laws we cannot confirm this requirement and you may not be able to seek redress in that overseas jurisdiction, those overseas recipients will not be required to comply with the Australian Privacy Laws and you will not have any redress under the Australian Privacy Laws for a breach by them, we will not be required to ensure that the overseas recipient complies with the Australian Privacy Laws or otherwise be liable or accountable for how that recipient handles your personal information and the overseas recipient may be subject to a foreign law that could compel the disclosure of your Personal Information to a third party, such as an overseas authority.  If you have any objections to this please let us know.

Credit Information / Credit Reporting Policy

 We use an individual’s personal information to assess their credit eligibility. During the course of providing the service to the individuals, we may collect credit information that is necessary to provide them with service.

The main kinds of credit information we collect are an individual’s identification information, the fact that you have applied for services from us and where we have allowed you a time in excess of our standard terms to pay, then the fact that we are a credit provider to you.

However, in the course of providing services to you, we may be given (and subsequently hold) the following other kinds of credit information:

  1. Information about any credit that has been provided to you;
  2. Your payment history;
  3. Information about your overdue payments;
  4. If terms and conditions of your credit arrangements have been varied;
  5. If any court proceedings are initiated against you in relation to your credit activities;
  6. Information about any bankruptcy or debt agreements involving you;
  7. Any publicly available information about your credit worthiness; and
  8. Any information about you where you may have fraudulently or otherwise committed a serious credit infringement.

We do not collect your credit information from credit reporting bodies, banks or other credit providers unless it is necessary to provide you with services or products or is relevant to our gaining assistance in the recovery of accounts not paid by you in accordance with our terms or you have expressly asked us to.

In most cases we will only collect credit information about you if you disclose it to us and it is relevant in providing you with services.   Other sources we may collect the credit information from include banks and other credit providers, other individuals and entities via referrals and your suppliers and creditors.

We store and hold credit information in the same manner as other personal information as outlined in this policy.

Our usual purpose for collecting, holding, using and disclosing credit information about you is to enable us to provide you with the services or products or gain assistance in the recovery of accounts not paid by you in accordance with our terms. We may also collect credit information to process payments.

We will not disclose your credit information to overseas entities unless you expressly advise us to, apart from the disclosure circumstances set out in this policy under the heading of “Overseas Disclosure”.

Under the Credit Reporting Privacy Code, there are several “notifiable matters” that we are required to disclose to you at or before the time of collecting personal information that is likely to be disclosed to a credit reporting body.

Those matters are:

  1. We may disclose your Credit Information to the following Credit Reporting Bodies listed below:
    • Veda Advantage c/ Level 15, 100 Arthur Street North Sydney NSW 2060. PH:  1300 921 621
    • NCI c/ Level 2, 165 Grenfell St Adelaide SA 5000. PH: 1800 882 820.
    • Dun & Bradstreet c/ Level 2, 143 Coronation Drive Milton Qld 4064. PH: 3360 0600
  2. The credit reporting body may include the credit information we provide to it in reports which it the provides to other credit providers to assist those other credit providers to assess your credit worthiness;
  3. If you fail to meet your payment obligations under an agreement with us or if you commit a serious credit infringement, we may be entitled to disclose this to a credit reporting body;
  4. You can request a copy of our credit reporting policy which forms part of our privacy policy by contacting us or obtaining it from our website;
  5. A Copy of the Credit Reporting Policy for the Credit Reporting Bodies listed above can be found on their website or a hard copy will be provided upon request. If we engage a Credit Reporting body we will advise in this policy where their credit reporting policy can be obtained;
  6. You have the right to access credit information we hold about you, request that we correct the information, and make a complaint as set out further in this Policy;
  7. You can request a credit reporting body not to use your credit reporting information for the purposes of pre screening or direct marketing; and
  8. You can request a credit reporting body not to use or disclose your credit reporting information if you believe on reasonable grounds that you have been, or are likely to be, the victim of fraud.

You can ask us to provide you a hard copy of this policy (including the Statement of Notifiable Matters).

Security

 We store your personal information in different ways, including in paper and in electronic form. The security of your personal information is important to us. We take all reasonable measures to ensure that your personal information is stored safely to protect it from misuse, loss, unauthorised access, modification or disclosure, including electronic and physical security measures. We cannot guarantee that personal information cannot be accessed by an unauthorised person (eg: a hacker) or that unauthorised disclosures will not occur.

Access to and Correction of your Personal Information

 You may request access to personal information we hold about you, upon making a written request. We will endeavour to acknowledge your request within 14 days of its receipt and to provide you with access to the information requested within 30 days. We may charge you a reasonable fee for processing your request (but not for making a request for access). You will need to verify your identity before access to your personal information is granted.

Once your request has been processed by us, wherever it is reasonable and practicable to do so we will endeavour to make the information available to you in the manner requested by you.

We may decline a request for access to personal information in circumstances prescribed by the Privacy Act, and if we do we will provide you with a written notice that sets out the reasons for the refusal (unless it would be unreasonable to provide those reasons) and provide you with a statement regarding the mechanisms available to you to make a complaint.

If, upon receiving access to your personal information, or at any other time, you believe the personal information we hold about you is inaccurate, incomplete or out of date, please notify us immediately. We will take reasonable steps to correct the information so that it is accurate, complete and up to date. If we refuse to correct your personal information, we will provide you with a written notice that sets out the reasons for our refusal (unless it would be unreasonable to provide those reasons) and provide you with a statement regarding the mechanisms available to you to make a complaint.  If we disagree with you about whether your personal information is inaccurate, incomplete or out of date, and you ask us to associate with your personal information a statement claiming that your personal information is inaccurate, incomplete or out of date, we will take reasonable steps to do so.

 Updates

 This privacy policy may be updated by us from time to time. We encourage you to check our website regularly for any updates to our privacy policy. By using this website and by continuing to deal with us, you accept and agree to the collection, use and disclosure of your personal information for the purposes described in this Privacy Policy.

Feedback

 If you have any queries or concerns about our privacy policy or the way in which we handle your personal information or wish to make a complaint about a breach of the Privacy Act, Australian Privacy Principles or a privacy code that applies to us, please contact us using the contact details on this website.  We will take reasonable steps to investigate the complaint and respond to you.  If you are not happy with our response, you may complain directly to the Office of the Australian Information Commissioner.

More information

 For more information about privacy in general, you can visit the Office of the Australian Information Commissioner’s website at www.privacy.gov.au.

This policy was last updated in March 2016.

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