This document sets out the approach which Tribes.AI will take in relation to the treatment of Personal Information. It includes information on how Tribes.AI collects, uses, discloses and keeps secure, individuals’ personal information. It also covers how Tribes.AI makes the personal information it holds available for access to and correction by the individual.
This policy is a public document and has been prepared in light of APP 1, Open and transparent management of Personal Information.
1.1 Tribes.AI will only collect Personal Information where the information is necessary for Tribes.AI 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 Tribes.AI collects Personal Information primarily to supply employees of member organisations and individuals who obtain Tribes.AI products and services directly from Tribes.AI with information and details of it’s products and services. Tribes.AI also collects and uses Personal Information for secondary purposes including:
provision of products and services;
accounting purposes; and
business planning and product development.
1.3 Tribes.AI collects Personal Information in a number of different ways including:
forms (both paper and online, electronic forms);
face to face meetings;
communications via telephone, email or facsimile;
interaction with our websites; and
via our social media accounts.
1.4 Tribes.AI 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 Tribes.AI holds about them;
that individuals should contact Tribes.AI (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 Tribes.AI.
1.5 Where it is not practicable for Tribes.AI to notify individuals of all of the Collection Information before the collection of Personal Information, Tribes.AI will ensure that individuals are notified of the Collection Information as soon as possible after the collection. Tribes.AI 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.
1.6 Tribes.AI will not collect Sensitive Information from individuals except with express consent from the individual and only where it is necessary for Tribes.AI to collect such information for an activity or function.
1.7 Tribes.AI will not collect Personal Information secretly or in an underhanded way.
1.8 Tribes.AI will take steps to ensure that individuals on purchased lists are or have been notified of the information as outlined at 1.4.
2.1 Tribes.AI 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 Tribes.AI Uses Personal Information primarily for the purposes listed in 1.2 above.
2.3 If Tribes.AI 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 Tribes.AI and implemented free of charge.
2.4 Tribes.AI will not use Sensitive Information for Direct Marketing.
2.5 Tribes.AI 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 Tribes.AI will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.
2.7 Tribes.AI 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 Tribes.AI may Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual.
3.2 Tribes.AI 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 Tribes.AI 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.
3.4 In the rare event that Tribes.AI is required to disclose Personal Information to law enforcement agencies, government agencies or external advisors Tribes.AI will only do so in accordance with the Privacy Act or any other relevant Australian legislation.
3.5 Tribes.AI 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, Tribes.AI will not Disclose Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above.
3.7 Tribes.AI 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 Tribes.AI will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.
4.2 Tribes.AI 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 Tribes.AI requires employees and contractors to perform their duties in a manner that is consistent with Tribes.AI’ legal responsibilities in relation to privacy.
5.2 Tribes.AI 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 Tribes.AI who have a genuine “need to know” as well as “right to know”.
5.3 Tribes.AI 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 Tribes.AI will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act.
6.2 Tribes.AI 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 Tribes.AI, as per the details on the back of this document.
6.4 Tribes.AI will not normally charge a fee for processing an access request unless the request is complex or is resource intensive.
7.1 Contact with Tribes.AI 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 to the Tribes.AI Privacy Officer Level 6 50 Carrington Street Sydney NSW 2000.
7.3 Tribes.AI will endeavour to manage any privacy-related complaint efficiently and in a timely manner.
8. Anonymous Transactions
8.1 Tribes.AI will not make it mandatory for visitors to its websites to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. Tribes.AI may however, request visitors to provide Personal Information voluntarily to Tribes.AI (for example, as part of a competition or questionnaire).
8.2 Tribes.AI will allow its customers to transact with it anonymously wherever that is reasonable and practicable.
9. Transferring personal information overseas
9.1 Tribes.AI generally does not send information overseas.
9.2 If Personal Information must be sent by Tribes.AI overseas for sound business reasons, Tribes.AI will require the overseas organisation receiving the information to provide a binding undertaking that it will handle that information in accordance with the Australian Privacy Principles, preferably as part of the services contract.
Collection Information means the information outlined in 1.5 notified to individuals prior to, or as soon as practicable 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 Tribes.AI or a Related Body Corporate or those of an independent third party organisation.
Disclosure generally means the release of information outside Tribes.AI, including under a contract to carry out an “outsourced function”.
Health Information means:
information or an opinion about:
the health or a disability (at any time) of an individual; or
an individual’s expressed wishes about the future provision of health services to him or her; or
a health service provided or to be provided to an individual; that is also personal information; or
other personal information collected to provide or in providing a health service; or
other personal information about an individual collected in connection with the donation; or intended donation by the individual of his or her body parts or body substances.
Opt-out means an individual’s expressed request not to receive further Direct Marketing.
Tribes.AI means the Association for Data-driven Marketing & Advertising, including its various brands and related entities.
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.
Privacy Act means the Privacy Act 1988 (Cth) as amended from time to time.
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; or
sexual preferences or practices; or
criminal record; that is also personal information; or
Health Information about an individual; or
Use means the handling of Personal Information within Tribes.AI.