Privacy Policy

From time to time Moruya Waterfront Hotel Motel is required to collect, hold, use and/or disclose personal information relating to individuals (including, but not limited to its customers, contractors, suppliers and employees) in the performance of its business activities.

 

The information collected by Moruya Waterfront Hotel Motel will, from time to time, be accessible to certain individuals employed or engaged by Moruya Waterfront Hotel Motel who may be required to use the information in the course of their duties. 

 

This sets out Moruya Waterfront Hotel Motel's policy in relation to the protection of personal information, as defined, under the Privacy Act 1988 (Cth) the ("Act"), which includes the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) and the Australian Privacy Principles ("APP"). The APPs regulate the handling of personal information.

 

The obligations imposed on Moruya Waterfront Hotel Motel under this policy are also imposed on any individual employed or engaged by Moruya Waterfront Hotel Motel (“employees”).

 

This policy outlines Moruya Waterfront Hotel Motel’s requirements and expectations in relation to the handling of personal information.

Scope

This policy applies to all employees, independent contractors, consultants and other workers engaged by Moruya Waterfront Hotel Motel and who have access to personal information in the course of performing their duties.

What is personal information?

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 material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

What is not personal information?

This policy does not apply to the collection, holding, use or disclosure of personal information that is an employee record as they are exempt from the APPs.

An employee record is a record of personal information relating to the employment of an employee. Examples of personal information relating to the employment of the employee include, but are not limited to, health information and information about the engagement, training, disciplining, resignation, termination, terms and conditions of employment of the employee.

Employees (such as those engaged in a supervisory, operations or human resource capacity) will have access to employee records. Employees who have access to employee records must ensure that the information is handled confidentially and for a proper purpose only. Employee records are only permitted to be collected, used and disclosed where the act of doing so is directly related to a current or former employment relationship.

Employees who have access to employee records and who may have a question about the use or disclosure of employee records, should contact the Managing Director.

Kinds of information that Moruya Waterfront Hotel Motel collects and holds

Moruya Waterfront Hotel Motel collects personal information that is reasonably necessary for one or more of its functions or activities or if Moruya Waterfront Hotel Motel has received consent to collect the information. If Moruya Waterfront Hotel Motel collects sensitive information (as defined below), Moruya Waterfront Hotel Motel must also have obtained consent in addition to the collection being reasonably necessary.

The type of information that Moruya Waterfront Hotel Motel collects and holds may depend on an individual’s relationship with Moruya Waterfront Hotel Motel, for example:

  1. Candidate: if a person is a candidate seeking employment with Moruya Waterfront Hotel Motel, Moruya Waterfront Hotel Motel may collect and hold information about that candidate including the candidates name, address, email address, contact telephone number, gender, age, employment history, references, resume, medical history, emergency contact, taxation details, qualifications and payment details.

  2. Customer: if a person is a customer of Moruya Waterfront Hotel Motel, Moruya Waterfront Hotel Motel may collect and hold information including the customer’s name, address, email address, contact telephone number, gender and age and other sensitive information.

  3. Supplier: if a person or business is a supplier of Moruya Waterfront Hotel Motel, Moruya Waterfront Hotel Motel may collect and hold information about the supplier including the supplier’s name, address, email address, contact telephone number, business records, billing information and information about goods and services supplied by the supplier.

  4. Referee: if a person is a referee of a candidate being considered for employment by Moruya Waterfront Hotel Motel, Moruya Waterfront Hotel Motel may collect and hold information including the referee’s name, contact details, current employment information and professional opinion of candidate.

  5. Sensitive information: Moruya Waterfront Hotel Motel will only collect sensitive information where an individual consent to the collection of the information and the information is reasonably necessary for one or more of Moruya Waterfront Hotel Motel’s functions or activities. Sensitive information includes, but is not limited to, information or an opinion about racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs, membership of a trade union, sexual preferences, criminal record, health information or genetic information. 

 

How Moruya Waterfront Hotel Motel collects and holds personal information

Moruya Waterfront Hotel Motel (and the employees acting on Moruya Waterfront Hotel Motel’s behalf) must collect personal information only by lawful and fair means.

Moruya Waterfront Hotel Motel may collect personal information in a number of ways, including without limitation:

  • through application forms (e.g. job applications, member applications);

  • by email or other written mechanisms;

  • over a telephone call;

  • in person;

  • through transactions;

  • through Moruya Waterfront Hotel Motel website;

  • through lawful surveillance means such as a surveillance camera;

  • by photographs taken at the hotel

  • when you purchase tickets to any of our events, either from us or one of our resellers

  • by technology that is used to support communications between individuals and Moruya Waterfront Hotel Motel;

  • through publically available information sources (which may include telephone directories, the internet and social media sites); and

  • direct marketing database providers.

 

When Moruya Waterfront Hotel Motel collects personal information about an individual through publicly available information sources, it will manage such information in accordance with the APPs.

 

At or before the time or, if it is not reasonably practicable, as soon as practicable after, Moruya Waterfront Hotel Motel collects personal information, Moruya Waterfront Hotel Motel must take such steps as are reasonable in the circumstances to either notify the individual or otherwise ensure that the individual is made aware of the following:

  • the identity and contact details of Moruya Waterfront Hotel Motel;

  • that Moruya Waterfront Hotel Motel has collected personal information from someone other than the individual or if the individual is unaware that such information has been collected;

  • that collection of personal information is required by Australian law, if it is;

  • the purpose for which Moruya Waterfront Hotel Motel collects the personal information;

  • the consequences if Moruya Waterfront Hotel Motel does not collect some or all of the personal information;

  • any other third party to which Moruya Waterfront Hotel Motel may disclose the personal information collected by Moruya Waterfront Hotel Motel;

  • Moruya Waterfront Hotel Motel's privacy policy contains information about how an individual may access and seek correction of personal information held by Moruya Waterfront Hotel Motel and how an individual may complain about a breach of the APPs; and

  • whether Moruya Waterfront Hotel Motel is likely to disclose personal information to overseas recipients, and the countries in which those recipients are likely to be located.

 

Unsolicited personal information is personal information that Moruya Waterfront Hotel Motel receives which it did not solicit. Unless Moruya Waterfront Hotel Motel determines that it could have collected the personal information in line with the APPs or the information is contained within a Commonwealth record, it must destroy the information to ensure it is de-identified unless Moruya Waterfront Hotel Motel determines that it is acceptable for Moruya Waterfront Hotel Motel to have collected the personal information.

 

Use and disclosure of personal information

The main purposes for which Moruya Waterfront Hotel Motel may use and/or disclose personal information may include but are not limited to:

  • recruitment functions;

  • customer service management;

  • training and events;

  • surveys and general research; and

  • business relationship management.

 

Moruya Waterfront Hotel Motel may also collect, hold, use and/or disclose personal information if an individual consents or if required or authorised under law.

 

Direct marketing:

  • Moruya Waterfront Hotel Motel may use or disclose personal information (other than sensitive information) about an individual for the purpose of direct marketing (for example, advising a customer about new goods and/or services being offered by Moruya Waterfront Hotel Motel);

  • Moruya Waterfront Hotel Motel may use or disclose sensitive information about an individual for the purpose of direct marketing if the individual has consented to the use or disclosure of the information for that purpose; and

  • an individual can opt out of receiving direct marketing communications from Moruya Waterfront Hotel Motel by contacting the hotel in writing.

 

Disclosure of personal information

Moruya Waterfront Hotel Motel may disclose personal information for any of the purposes for which it is was collected, as indicated under clause 0 of this policy, or where it is under a legal duty to do so.

Disclosure will usually be internally and to related entities or to third parties such as contracted service suppliers.

If an employee discloses personal information to a third party in accordance with this policy, the employee must take steps as are reasonable in the circumstances to ensure that the third party does not breach the APPs in relation to the information.

 

Access to personal information

If Moruya Waterfront Hotel Motel holds personal information about an individual, the individual may request access to that information by putting the request in writing and sending it to the Privacy Officer. Moruya Waterfront Hotel Motel will respond to any request within a reasonable period, and a charge may apply for giving access to the personal information where Moruya Waterfront Hotel Motel incurs any unreasonable costs in providing the personal information.

There are certain circumstances in which Moruya Waterfront Hotel Motel may refuse to grant an individual access to personal information. In such situations Moruya Waterfront Hotel Motel will provide the individual with written notice that sets out:

  • the reasons for the refusal; and

  • the mechanisms available to you to make a complaint.

 

If you receive such a request, please contact the Managing Director.

 

Correction of personal information

If Moruya Waterfront Hotel Motel holds personal information that is inaccurate, out-of-date, incomplete, irrelevant or misleading, it must take steps as are reasonable to correct the information.

If Moruya Waterfront Hotel Motel holds personal information and an individual makes a request in writing addressed to the Privacy Officer to correct the information, Moruya Waterfront Hotel Motel must take steps as are reasonable to correct the information and Moruya Waterfront Hotel Motel will respond to any request within a reasonable period.

There are certain circumstances in which Moruya Waterfront Hotel Motel may refuse to correct the personal information. In such situations Moruya Waterfront Hotel Motel will give the individual written notice that sets out:

  • the reasons for the refusal; and

  • the mechanisms available to the individual to make a complaint.

 

If Moruya Waterfront Hotel Motel corrects personal information that it has previously supplied to a third party and an individual requests Moruya Waterfront Hotel Motel to notify the third party of the correction, Moruya Waterfront Hotel Motel will take such steps as are reasonable to give that notification unless impracticable or unlawful to do so.

 

If you receive such a request, please contact the Managing Director.

Integrity and security of personal information

Moruya Waterfront Hotel Motel will take such steps (if any) as are reasonable in the circumstances to ensure that the personal information that it collects is accurate, up-to-date and complete.

Employees must take steps as are reasonable in the circumstances to protect the personal information from misuse, interference, loss and from unauthorised access, modification or disclosure.

If Moruya Waterfront Hotel Motel holds personal information and it no longer needs the information for any purpose for which the information may be used or disclosed and the information is not contained in any Commonwealth record and Moruya Waterfront Hotel Motel is not required by law to retain the information, it will take such steps as are reasonable in the circumstances to destroy the information or to ensure it is de-identified.

If you are unsure whether to retain personal information, please contact the Managing Director to discuss.

 

Data breaches and notifiable data breaches

A “Data Breach” occurs where personal information held by Moruya Waterfront Hotel Motel is accessed by, or is disclosed to, an unauthorised person, or is lost. An example of a Data Breach may include:

  • Lost  or stolen laptops or tablets;

  • Lost or stolen mobile phone devices;

  • Lost or stolen USB data storage devices;

  • Lost or stolen paper records or documents containing personal information relating to the Employer’s customers or employees;

  • Employees mistakenly providing personal information to the wrong recipient (i.e. payroll details to wrong address);

  • Unauthorised access to personal information by an employee;

  • Employees providing confidential information to the Employer’s competitors;

  • Credit card information lost from insecure files or stolen from garbage bins;

  • Where a database has been ‘hacked’ to illegally obtain personal information; and

  • Any incident or suspected incident where there is a risk that personal information may be misused or obtained without authority.

 

If you are aware of or reasonably suspect a Data Breach, you must report the actual or suspected Data Breach to Managing Director as soon as reasonably practicable and not later than 24 hours after becoming aware of the actual or suspected Data Breach.

A “Notifiable Data Breach” occurs where there is an actual Data Breach, and:

  • a reasonable person would conclude that the unauthorised access or disclosure would likely result in serious harm to the relevant individual (including harm to their physical or mental well-being, financial loss, or damage to their reputation); or

  • in the case of loss (i.e. leaving an unsecure laptop containing personal information on a bus), unauthorised access or disclosure of personal information is likely to occur as a result of the Data Breach, and a reasonable person would conclude that the unauthorised access or disclosure would likely result in serious harm to the relevant individual (including harm to their physical or mental well-being, financial loss, or damage to their reputation).

 

A Notifiable Data Breach does not include a Data Breach where Moruya Waterfront Hotel Motel has been successful in preventing the likely risk of serious harm by taking remedial action.

 

Assessment

If Moruya Waterfront Hotel Motel is aware of any actual or suspected Data Breach, it will conduct a reasonable and expeditious assessment to determine if there are reasonable grounds to believe that the Data Breach is a Notifiable Data Breach or not.

 

Notification

Subject to any restriction under the Act, in the event that Moruya Waterfront Hotel Motel is aware of a Notifiable Data Breach, Moruya Waterfront Hotel Motel will, as soon as practicable, prepare a statement outlining details of the breach and notify:

  • the individual whose personal information was part of the Data Breach ; and

  • the Office of the Australian Information Commissioner.

 

Anonymity 

Individuals have the option of not identifying them self, or using a pseudonym, when dealing with Moruya Waterfront Hotel Motel in relation to a particular matter. This does not apply:

  • where Moruya Waterfront Hotel Motel is required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves; or

  • where it is impracticable for Moruya Waterfront Hotel Motel to deal with individuals who have not identified themselves or who have used a pseudonym.

 

However, in some cases if an individual does not provide Moruya Waterfront Hotel Motel with the personal information when requested, Moruya Waterfront Hotel Motel may not be able to respond to the request or provide you with the goods or services that you are requesting.

 

Complaints

Individuals have a right to complain about Moruya Waterfront Hotel Motel’s handling of personal information if the individual believes Moruya Waterfront Hotel Motel has breached the APPs.

If an employee becomes aware of an individual wanting to make such a complaint to Moruya Waterfront Hotel Motel, the employee should direct the individual to first contact Managing Director in writing. Complaints will be dealt with in accordance with Moruya Waterfront Hotel Motel’s complaints procedure and Moruya Waterfront Hotel Motel will provide a response within a reasonable period.

Individuals who are dissatisfied with Moruya Waterfront Hotel Motel’s response to a complaint, may refer the complaint to the Office of the Australian Information Commissioner.

 

Breach of this policy

An employee directed by Moruya Waterfront Hotel Motel to do an act under this policy and which relates to personal information, must ensure that in doing the act they comply with the obligations imposed on Moruya Waterfront Hotel Motel. An employee directed by Moruya Waterfront Hotel Motel who fails to do an act in accordance with this policy will be deemed to have breached this policy and will be subject to formal counselling and disciplinary action, up to and including possible termination of the employee’s employment.