Privacy Policy

The purpose of this document is to set out the policies of the Australian Conservation Foundation (ACF) in relation to the collection, holding, use and disclosure by ACF of personal information relating to an individual.

"Personal Information" is 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. ACF collects personal information regarding ACF members, ACF supporters, ACF volunteers, ACF donors and ACF personnel. Occasionally, ACF collects sensitive information about an individual. This is dealt with in paragraph 10 below.

1 Collection of Information

1.1 ACF collects personal information about individuals where that information is necessary for any of the following primary purposes:

• fulfilling ACF’s role in educating the community about issues of environmental significance;
• assisting ACF to participate in relevant civic and political debates;
• identifying environmental breaches and highlighting environmental concerns;
• notifying individuals of ACF’s activities and campaigns;
• forging corporate and professional alliances to achieve environmental outcomes;
• seeking new members and processing, renewing and maintaining ACF memberships and subscription services; and
• increasing ACF’s financial support, through various fundraising activities, in order to maintain and enhance ACF’s campaigning capacity.

1.2 ACF will only collect personal information by lawful and fair means and not in an unreasonably intrusive way.

1.3 At or before the time ACF collects personal information about an individual from an individual, ACF will take reasonable steps to ensure that the individual is aware of:

• the identity of ACF and how to contact ACF;
• the fact that he or she is able to gain access to the information;
• the purposes for which the information is collected;
• organisations (or the types of organisations) to which ACF usually discloses information of that kind;
• any law that requires the particular information to be collected; and
• the main consequences (if any) for the individual if all or part of the information is not provided.

1.4 If it is reasonable and practicable to do so, ACF will collect personal information about an individual only from that individual.

1.5 If ACF collects personal information about an individual from someone else, it will take reasonable steps to ensure that the individual is or has been made aware of the matters listed in paragraph 1.3. A common example of ACF collecting personal information about an individual from a third party occurs when ACF membership is arranged on behalf of an individual by way of a gift.

2 Use and disclosure

2.1 In this Policy: consent means voluntary and informed agreement to some act, practice or purpose. ACF will, wherever possible, seek consent from individuals before using their personal information for a secondary purpose.

2.2 ACF may sometimes use or disclose personal information about an individual for a purpose (a secondary purpose) other than the primary purpose.  For example, ACF may disclose personal information to other environmental organisations when planning and coordinating a particular campaign.

2.3 ACF will only use or disclose personal information about an individual for a secondary purpose if:

1. the following apply:
   1. the secondary purpose is related to the primary purpose of collection; and
   2. the individual would reasonably expect ACF to use or disclose the information for that secondary purpose; and
   3. the use is made by an employee, agent or contractor of ACF, in the performance of that persons duties for ACF; or
2. the individual has consented to the use or disclosure; or
3. if the use of the information is for the secondary purpose of directing marketing, either by ACF or third party service providers engaged by ACF to conduct such activities, (including promoting ACF products, activities, materials, educational resources and competitions to the individual and to inform the individual of issues of environmental significance generally) (direct marketing); and
   1. it is impracticable for ACF to seek the individual’s consent before that particular use; and
   2. ACF will not charge any individual who requests that he or she not receive any further directing marketing communications from ACF; and
   3. the individual has not made a request to ACF not to receive direct marketing communications; and
   4. in each direct marketing communication with the individual, ACF draws to the individual’s attention that he or she may express a wish not to receive any further direct marketing communications;
   5. each written direct marketing communication by ACF with the individual sets out ACF’s business address and telephone number and, if the communication with the individual is made by fax or other electronic means, a number or address at which ACF can be directly contacted electronically; or
4. ACF reasonably believes that the use or disclosure is necessary to lessen or prevent:
   1. a serious and imminent threat to an individual’s life, health or safety; or
   2. a serious threat to public health or public safety; or
5. ACF has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
6. the use or disclosure is required or authorised by or under law; or
7. ACF reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
   1. 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;
   2. the enforcement of laws relating to the confiscation of the proceeds of crime;
   3. the protection of the public revenue;
   4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
   5. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

2.4 With respect to a disclosure made under paragraph 2.7(g) ACF would ordinarily give prior notice to an individual before making such disclosure, except where ACF is required or compelled by law not to do so.  If ACF uses or discloses personal information under paragraph 2.7(d), a written note of the use or disclosure will be made.

3 Data quality

ACF will take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up to date.

4 Data security

4.1 ACF will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.

4.2 ACF will take reasonable steps to destroy or permanently de identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed.

5 Openness

5.1 ACF has set out in this document its policies on the management of personal information. ACF will make a summary of this document publicly available on its website at www.acfonline.org.au and will send out a hardcopy of the summary and this Policy to anyone who asks for it (see section 11 of this Policy for details).

5.2 On request by a person, ACF will take reasonable steps to let the person know, generally, what sort of personal information ACF holds, for what purposes, and how it collects, holds, uses and discloses that information.

6 Access and correction

6.1 If ACF holds personal information about an individual, ACF will generally provide the individual with access to the information on request by the individual.  ACF may refuse an individual access to his/her personal information if:

• ACF reasonably believes that 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 ACF 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 ACF in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
• providing access would be unlawful; or
• denying access is required or authorised by or under law; or
• providing access would be likely to prejudice an investigation of possible unlawful activity; or
• providing access would be likely to prejudice:
  1. 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; or
  2. the enforcement of laws relating to the confiscation of the proceeds of crime; or
  3. the protection of the public revenue; or
  4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
  5. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of court orders by or on behalf of an enforcement body; or
• an enforcement body performing a lawful security function asks ACF not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.

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

6.3 An individual can request access to, and/or request the correction of personal information held by ACF.  Such a request can be made by writing to or emailing ACF’s Privacy Officer (see section 11 of this Policy for details).

6.4 If ACF holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up to date, ACF will take reasonable steps to correct the information accordingly.

6.5 ACF will provide reasons for denial of access or a refusal to correct personal information.

7 Identifiers

7.1 ACF will not adopt as its own identifier of an individual, an identifier of the individual that has been assigned by:

• a government "agency" (as defined in the Privacy Act 1988 (Cth); or
• an agent of an agency; or
• a contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract.

7.2 ACF will not use or disclose an identifier assigned to an individual by an agency, or by an agent or contracted service provider mentioned in sub-clause 7.1, unless:

• the use or disclosure is necessary for ACF to fulfil its obligations to the agency; or
• one or more of paragraph 2.6(a) – 2.6(d) (inclusive) apply to the use or disclosure; or
• the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances.

7.3 In this section 7: identifier includes a number assigned by ACF to an individual to identify uniquely the individual for the purposes of ACF’s operations. However, an individual’s name or ABN (as defined in the A New Tax System (Australian Business Number) Act 1999) is not an identifier.

8 Anonymity

Wherever it is lawful and practicable, individuals will have the option of not identifying themselves when dealing with ACF; For example, donations made to ACF can be made anonymously.

9 Transborder data flows

ACF often liaises with international environmental organisations in an effort to strengthen links within the international environmental movement.  Occasionally, ACF may transfer personal information about an individual to someone (other than ACF or the individual) who is in a foreign country.  ACF will only do so if:

9.1 it reasonably believes that the 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

9.2 the individual consents to the transfer; or

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

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

9.5 all of the following apply:

• the transfer is for the benefit of the individual;
• it is impracticable to obtain the consent of the individual to that transfer;
• if it were practicable to obtain such consent, the individual would be likely to give it; or

9.6 ACF 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.

10 Sensitive information

In some instances ACF may also collect sensitive information about an individual.  Sensitive information includes information or an 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, or any criminal record. ACF will not collect sensitive information about an individual unless:

10.1 the information is necessary for a primary purpose; and

10.2 the individual has consented; or  

10.3 the collection is required by law; or  

10.4 the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.