The Community Broadcasting Association of Australia (CBAA) is sensitive to the concerns that you, our stakeholders, may have with the confidentiality and handling of your personal information. We take your privacy very seriously. Therefore, we ask that you take the time to read this document which sets out how we handle, maintain and secure your personal information.
3. To whom does this policy apply?
4. Why we collect personal information
4.1 Information we hold
We generally hold personal information about our customers. This information can include their contact details, buying habits and transactional details.
4.2 Why we need personal information
You are always allowed to deal with us on an anonymous basis. However, we sometimes find it necessary to collect certain information from you. There are a number of ways in which we may collect information from you. These include: application forms; email; our website (including cookies); and over the phone.
In addition, there may also be certain laws which may require us to collect personal information from you. Where these apply, we will provide you with information about our legal requirements when we collect your personal information.
4.3 What about ‘sensitive information’?
We will not ask you for information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or details of health, disability or sexual activity or orientation, unless:
(a) You consent to providing that information to us;
(b) The collection of that information is specifically authorised by law;
(c) The collection is necessary to lessen a serious or imminent threat to your health or safety or the health or safety of another person; or
(d) The collection of the information is necessary for the establishment, exercise or defence of a legal claim.
4.4 What happens if you do not provide personal information?
If you do not provide us with accurate or complete information when we request it, we may not be able to provide you with a proper level of service.
5. How we maintain and manage your personal information
5.1 Who may view your personal information?
We will only grant access to others to view your personal information where we believe it is necessary and in your best interests for those people to view your personal information. In general, only our employees or subcontractors may view your personal information.
We will only disclose personal information to a third party if:
(a) That disclosure is required to give effect to the purposes for which we collected the information;
(b) We have your consent to that disclosure;
(c) We believe that the disclosure may lessen a risk of harm to your health or safety, or to the health or safety of another person;
(d) We are required by law to disclose the information;
(e) The disclosure is required for the enforcement of a criminal law or a law imposing a pecuniary penalty or for the protection of public revenue; or
(f) The third party is our agent or contractor and is required by us to keep that personal information confidential and will only use that information for the purposes for which it is disclosed.
5.2 International transfers
If we transfer your personal information overseas, we will first obtain your written consent before doing so. If it is not practical to obtain your consent, then the information may still be transferred if, as part of the agreement for the transfer of that information, the other organisation agrees to comply with our privacy obligations to you.
5.3 Where is your personal information stored?
We may store your personal information in both hard copy and on computer. Hard copy information is kept under lock and key. Information stored on computer is generally password protected.
5.4 Updating your personal information
If at any time you believe that any of your personal information that we store is not accurate or is out of date, please let us know by contacting the CBAA.
6. Our websites and email
Any personal information collected from you via our websites and via email is governed by this policy. We may collect information about you from our websites via any forms you fill in, any cookies we install on your computer or any transactions you undertake with us. We may also track your viewing habits to allow us to tailor your web surfing experience. Where we communicate by email with you, we may ask you for personal information which is related to the purpose of that communication.
7. Direct marketing
If we collect personal information for direct marketing purposes (either to market ours or someone else’s products), then we will try to first obtain your consent before we market directly to you.
If we cannot practically obtain your consent, then we may still directly market to you, provided that:
(a) We advise you that you can be taken off the mailing list at any time;
(b) You have not previously asked to be taken off the mailing list; and
(c) We display our contact details clearly in each direct marketing publication. If you wish to be taken off any mailing list, please contact the CBAA.
8. How you may access your personal information
You may access your personal information by contacting the CBAA. We will use our best efforts to take less than 30 days to respond to your request. We may also charge you a reasonable fee for providing access to your personal information.
9. When we may withhold access to your personal information
9.1 When we can withhold your information
We may withhold access to your personal information in a number of circumstances. These include where:
(a) Providing access would pose a serious and imminent threat to the life or health of a person;
(b) Providing access would have an unreasonable impact on the privacy of others;
(c) The information is subject to confidentiality where the person who provided the information to us did so expressly on the condition that it remains confidential;
(d) The request is vexatious or frivolous;
(e) The information relates to legal proceedings between us and the information would not be required to be discovered to a court;
(f) We are in commercial negotiations with you and the information would reveal our intentions;
(g) Providing access would be unlawful or we are required by a law to withhold access; or
(h) Providing access could prejudice the investigation or detection by our organisation or by a government body of an unlawful activity or some serious or improper misconduct.
Where we do withhold your personal information, we may instead choose to give you a summary of that information.
9.2 Written reasons
If we do withhold your personal information, we will provide you with written reasons.
9.3 Third party intermediary
If we withhold access to your personal information, we will consider whether the provision of access to an independent third party will meet both of our needs.
By using the CBAA and associated websites, you accept the following conditions:
1. The Community Broadcasting Association of Australia (CBAA) accepts no responsibility for the completeness or accuracy of any of the information contained on or accessed through the cbaa.org.au site and makes no representations about its suitability for any particular purpose. Users should make their own judgments about those matters. To the extent permitted by law, the CBAA excludes all liability for loss or damage arising from the use of, or reliance on, the information contained on or accessed through the cbaa.org.au site whether or not caused by any negligence on the part of the CBAA or its listeners, employees, contractors or agents.
2. Information or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may be accessible through the cbaa.org.au site either as a result of hacking or material placed on linked websites. The CBAA makes no representations as to the suitability of the information accessible for viewing by minors or any other person.
3. You assume all risks associated with use of the cbaa.org.au site including, without limitation:
3.1 The risk of your computer, software or data being damaged by any virus which might be transmitted or activated via the cbaa.org.au site or your access to it; or
3.2 The risk that the content of the cbaa.org.au site and linked websites complies with the laws of any country outside Australia.
4. Your use of the CBAA site may be logged for the purpose of security and usage monitoring.
5. Unauthorised use of the cbaa.org.au site could result in criminal prosecution.
6. The cbaa.org.au site is hosted on web servers in Australia or the United States of America. These terms are governed by the law enforced in the State of New South Wales and in the Commonwealth of Australia and any dispute about these terms or the contents of the cbaa.org.au site are subject to the exclusive jurisdiction of the courts of the State of New South Wales and the courts of appeal from them.