347 Darling Pty Ltd (referred to as ‘the Licensee’, we, our, or us) ABN 38 604 854 999, is committed to the protection of Personal Information in accordance with the Privacy Act 1988 (Cth) (the Privacy Act), including the Australian Privacy Principles (APPs), and recognises the importance of ensuring the confidentiality and security of your Personal Information.
This Privacy Policy describes the way we collect, hold, use, and disclose Personal Information in accordance with the Privacy Act and the APPs. It is not intended to cover categories of Personal Information that are not covered by the Privacy Act or the Australian Privacy Principles.
To the extent that it is necessary to do so, we also comply with the requirements of the EU General Data Protection Regulation (GDPR) as adopted by EU Member States. The APPs and the GDPR share many common requirements. Where an obligation imposed by the APPs and the GDPR are the same, but the terminology is different, we will comply with the terminology and wording used in the APPs, and this will constitute our compliance with the equivalent obligations in the GDPR.
If the GDPR imposes an obligation on us that is not imposed by the APPs, or the GDPR obligation is more onerous than the equivalent obligation in the APPs, we will comply with the GDPR.
All third parties (including clients, suppliers, sub-contractors, or agents) that have access to or use Personal Information collected and held by us, must abide by this Privacy Policy and Collection Statement (Privacy Policy).
We make this Privacy Policy available free of charge and it can be downloaded from our website at https://www.347darling.com/privacy-policy.
For the purpose of this Privacy Policy:
The Personal Information we may collect and hold includes (but is not limited to) Personal Information about:
We may collect and hold Personal Information from you and other individuals that is reasonably necessary:
The Personal Information we may collect for these purposes include your:
We generally collect Personal Information directly from you. For example, Personal Information is collected through our file opening and other administrative processes such as completing forms when you apply for a job with us, and other interactions that we may have with you or a third party that you are associated with, in the course of providing you with our products and services, including when you visit our Website, call us or send us correspondence.
We may also collect Personal Information about you through publicly available sources, from a third party – such as electronic verification services, referrers and marketing agencies – or from documentation or information provided by our client. If so, we will take reasonable steps to ensure that you are made aware of this Privacy Policy. We may also use third parties to analyse traffic at our Website, which may involve the use of cookies. Information collected through such analysis is anonymous.
We will not collect Sensitive Information about you without your consent, unless an exemption in the APPs applies. These exceptions include if the collection is required or authorised by law, or necessary to take appropriate action in relation to suspected unlawful activity or serious misconduct.
If the Personal Information we request is not provided by you, we may not be able to provide you with the benefit of our services or meet your needs appropriately.
We do not give you the option of dealing with us anonymously, or under a pseudonym. This is because it is impractical, and in some circumstances, illegal for us to deal with individuals who are not identified. We are also obligated under AML/CTF Legislation to identify who we are dealing with for certain matters.
You can find out more information on how the below third parties use data:
As above, we collect Personal Information so that we can provide our services and carry out the necessary functions to enable us to provide those services, including complying with the law.
We may use and disclose the information we collect about you for the following purposes:
We may use and disclose your Personal Information for any of these purposes. We may also use and disclose your Personal Information for secondary purposes which are related to the primary purposes set out above, or in other circumstances authorised by the Privacy Act.
Sensitive Information will be used and disclosed only for the purpose for which it was provided (or a directly related secondary purpose), unless you agree otherwise, or an exemption in the Privacy Act applies.
We may disclose Personal Information to:
If we disclose your Personal Information to service providers that perform business activities for us, they may only use your Personal Information for the specific purpose for which we supply it.
When disclosing Personal Information about an individual, we ensure that we will not breach the Tipping off prohibition.
We may receive unsolicited Personal Information about you. If this occurs, we will comply with our obligations under the Privacy Act. We may destroy or de-identify all unsolicited Personal Information we receive, unless it is relevant to our purposes for collecting Personal Information. We may retain additional information we receive about you if it is combined with other information we are required or entitled to collect. If we do this, we will retain the information in the same way we hold your other Personal Information. We may de-identify and/or destroy this information unless we are required to keep it by law.
We collect Personal Information when we receive completed online generated forms from our Website https://www.347darling.com.
We may also use third parties to analyse traffic on our website, which may involve the use of cookies. We use cookies to understand how users interact with website and to compile aggregate data so that we can optimize our site and offer a better online experience.
Cookies are small text files that are transferred to a computer’s hard disk through your web browser for record keeping purposes. Cookies do not contain personal information.
When using our website, you can withdraw or modify your consent to our use of cookies at any time. You can also use your browser settings to disable or delete cookies.
Click stream data
When you visit and browse our Website, our Website host may collect Personal Information for statistical, reporting, and maintenance purposes. Personal Information collected by our Website host will not be used to identify you. The information may include:
The Licensee’s Website host uses this information to administer and improve the performance of our Website, including to assist with the diagnoses of and to provide support for any issues with our Website or services.
We may use automated processes, including algorithms, data analytics tools and artificial intelligence tools, to assist in making decisions and carrying out activities in connection with our business. These processes may involve the use of your Personal Information to:
Where automated processes are used, they are typically designed to support human decision-making and are not solely determinative of outcomes that significantly affect you. However, in some circumstances, decisions may be made with limited human involvement.
Automated decision-making may involve:
The types of Personal Information that may be used in the above automated decision-making programs may include.
You may request further information about how automated decision-making is used in relation to your
Personal Information, or request that we review a decision, by contacting us using the details set out in section 20 of this Privacy Policy.
We may disclose personal information to related entities, data hosting and cloud computing providers, IT service providers that are located outside Australia in some circumstances. These recipients may be located in the following countries:
We will not send Personal Information to recipients outside of Australia unless:
If you consent to your Personal Information being disclosed to an overseas recipient, and the recipient breaches the APPs, we will not be accountable for that breach under the Privacy Act, and you will not be able to seek redress under the Privacy Act.
We recognise the importance of securing the Personal Information of our clients. We will take steps to ensure your Personal Information is protected from misuse, interference or loss, and unauthorised access, modification or disclosure. Such steps include technical and organisational measures.
Your Personal Information is generally stored in our computer database, including our cloud storage databases. Any paper files are stored in secure areas.
We may send you direct marketing communications and information about our services, opportunities, or events that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth).
We may only use Personal Information we collect from you for the purposes of direct marketing without your consent if:
If we collect Personal Information about you from a third party, we will only use that information for the purposes of direct marketing if you have consented (or it is impracticable to obtain your consent), and we will provide a simple means by which you can easily request not to receive direct marketing communications from us. We will draw your attention to the fact you may make such a request in our direct marketing communications.
You have the right to ask us not to use or disclose your Personal Information for the purposes of direct marketing, or for the purposes of facilitating direct marketing by other organisations. We give effect to your request within a reasonable period of time. You may also request that we provide you with the source of their information. If such a request is made, we must notify you of the source of the information, free of charge, within a reasonable period of time.
We will make third parties that we contract with aware of this Privacy Policy and will also ensure that those third parties have implemented policies in relation to the management of your Personal
Information in accordance with the Privacy Act. These policies include:
We do not adopt identifiers assigned by the Government (such as driver’s licence numbers) for our own file recording purposes, unless one of the exemptions in the Privacy Act applies.
We are committed to ensuring that the Personal Information we collect, use, hold and disclose is relevant, accurate, complete and up-to-date.
We encourage you to contact us to update any Personal Information we hold about you. See section 20 of this Privacy Policy for contact details. If we correct information that has previously been disclosed to another entity, we will notify the other entity within a reasonable period of the correction. Where we are satisfied information is inaccurate, we will take reasonable steps to correct the information within 30 days, unless you agree otherwise. We do not charge you for correcting the information.
We will keep your Personal Information only for as long as required for our business purposes and as required by law, including as required to comply with our AML/CTF Obligations.
Where there is no longer a need to keep your Personal Information, we will take reasonable steps to destroy or de-identify your Personal Information.
We have implemented defined data destruction periods and have created a schedule which alerts us to when we are required to destroy or de-identify Personal Information. We periodically audit de-identified data to ensure that it remains de-identified.
Subject to the exceptions set out in the Privacy Act, you may gain access to the Personal Information that we hold about you by contacting our Privacy Officer. We will provide access within a reasonable time, usually 30 days of receiving the individual’s request. If we refuse to provide the information, we will provide reasons for the refusal.
We will require identity verification and specification of what information is required. An administrative fee for search and photocopying costs may be charged for providing access.
This Privacy Policy will be reviewed from time to time to take account of new laws, regulations and technology, and changes to our operations and the business environment. When we update this Privacy Policy, we will notify you by email or by posting an update on our Website.
We maintain a data breach response process. Where we suspect unauthorised access, disclosure or loss of Personal Information, we will take steps to contain and assess the incident.
If a breach is likely to result in serious harm and is an ‘eligible data breach’, we will comply with our obligations under the Notifiable Data Breaches scheme, including notifying affected individuals and the Office of the Australian Information Commissioner where required.
We have an effective complaint handling process in place to manage privacy risks and issues.
The complaints handling process involves:
You can make a complaint to us about the treatment or handling of your Personal Information by lodging a complaint with the Privacy Officer.
If you have any questions about this Privacy Policy, or wish to make a complaint about how we have handled your Personal Information, you can lodge a complaint with us by:
If you are not satisfied with our response to your complaint, you can also refer your complaint to the Office of the Australian Information Commissioner by:
This Privacy Policy contains information about how: