This policy has been drafted having regard to LDB Group’s obligations under the Privacy Act 1988 (including the new National Privacy Principles) (the Privacy Act). This Policy is a public document and has been prepared in light of National Privacy Principle 5, Openness.
1.1 LDB Group will only collect Personal Information where the information is necessary for LDB Group 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 LDB Group collects Personal Information primarily to supply customers with the products and services ordered from it and its related companies. LDB Group also collects and uses Personal Information for secondary purposes including:
i. billing and account management
ii. business planning and product development; and
iii. to provide individuals with information about promotions, as well as the products and services of LDB Group affiliated companies and other organisations.
iv. to enhance the online shopping experience by displaying products and/or services that match the personal preferences of individuals based on their previous website browsing history and/or buying activity.
1.3 LDB Group will not collect Sensitive Information from individuals except with consent and only where it is necessary for LDB Group to collect such information for an activity or function.
1.4 LDB Group will not collect Personal Information secretly or in an underhanded way.
1.5 LDB Group will take steps to ensure that individuals on purchased lists are or have been notified of the information as outlined at 1.3.
2.1 LDB Group 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 LDB Group Uses Personal Information primarily for the purposes listed in 1.2 above.
2.3 If LDB Group relies on the Direct Marketing exception to Direct Market to individuals it will ensure that:
i. the individual is clearly notified of their right to Opt Out from further Direct Marketing;
ii. there is only one Use of the information before the Opt Out right is given and this Use applies across all LDB Group Related Bodies Corporate (if the information is shared between those Related Bodies Corporate);
iii. the individual is given an Opt Out in all further instances of Direct Marketing if they have not previously chosen to Opt Out; and
iv. if the individual Opts Out of all Direct Marketing the Opt Out will be respected by LDB Group and all its Related Bodies Corporate.
2.4 LDB Group will not use Sensitive Information for Direct Marketing.
2.5 LDB Group 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 LDB Group will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.
3.1 LDB Group may Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual. This will include obtaining the individual’s consent for Disclosures made under the credit reporting requirements of the Privacy Act.
3.2 LDB Group may Disclose Personal Information between Related Bodies Corporate. Where information is Disclosed to such a Related Body Corporate, that Related Body Corporate is bound by the original Primary Purpose for which the information was collected.
3.3 LDB Group may Disclose Personal Information to unrelated third parties to enable outsourcing of functions (such as billing, customer relations management and order fulfillment), where that is Disclosure or Use for a related Secondary Purpose and has been notified to individuals or where such Disclosure is within the individual’s Reasonable Expectations.
3.4 LDB Group 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.
3.5 LDB Group may Disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.
3.6 LDB Group may Disclose Personal Information to avoid an imminent threat to a person’s life or to public safety.
3.7 If a Disclosure is not for a Primary Purpose; is not for a related Secondary Purpose; or upfront consent has not been obtained, LDB Group will not Disclose Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above.
3.8 LDB Group does not generally sell or 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. If the consent provided is conditional, LDB Group will take steps to ensure (by contract) that the use of its customer list by third parties does not exceed the scope of the consent.
4. Information Quality
4.1 LDB Group will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.
4.2 LDB Group will take steps to destroy or de-identify Personal Information after as short a time as possible and after a maximum of seven years from the date of the last customer interaction, unless the law requires otherwise.
5. INFORMATION SECURITY
5.1 LDB Group requires employees and contractors to perform their duties in a manner that is consistent with LDB Group’ legal responsibilities in relation to privacy.
5.2 LDB Group 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 LDB Group who have a genuine “need to know” as well as “right to know”.
5.3 LDB Group 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 LDB Group will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act.
6.2 LDB Group 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 LDB Group Customer Service, as per the details on the website.
6.4 LDB Group can charge a fee for processing an access request but will generally not do so unless the request is complex or is resource intensive.
7.1 LDB Group Customer Service representatives will be the first point of contact for inquiries about privacy issues. Individuals wishing to make an inquiry or complaint regarding privacy, should do so by contacting LDB Group Customer Service, as per the details on the LDB Group website.
8. Anonymous Transactions
8.1 LDB Group will not make it mandatory for visitors to its web sites to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. LDB Group may however request visitors to provide Personal Information voluntarily to LDB Group (for example, as part of a competition or questionnaire).
9. Transferring Personal Information Overseas
9.1 LDB Group will take reasonable steps to limit the amount of Personal Information it sends to unrelated organisations overseas.
9.2 If Personal Information must be sent by LDB Group overseas for sound business reasons, LDB Group will require the overseas organisation receiving the information to provide a binding undertaking that it will handle that information in accordance with the National Privacy Principles, preferably as part of the services contract.
Collection Information means the information outlined in 1.3 notified to individuals prior to, or as soon as practical 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 LDB Group or a Related Body Corporate or those of an independent third party organisation.
Disclosure generally means the release of information outside LDB Group , including under a contract to carry out an “outsourced function”.
Opt Out means an individual’s expressed request not to receive further Direct Marketing.
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.
Reasonable Expectation means a reasonable individual’s expectation that their personal information might be Used or Disclosed for the particular purpose.
Related Body Corporate means that where a body corporate is:
- a holding company of another body corporate;
- a subsidiary of another body corporate; or
- a subsidiary of a holding company of another body corporate, the first mentioned body corporate and the other body corporate are deemed to be related to each other.
Sensitive Information means:
a. information or an opinion about an individual’s:
i. racial or ethnic origin; or
ii. political opinions; or
iii. membership of a political association; or
iv. religious beliefs or affiliations; or
v. philosophical beliefs; or
vi. membership of a professional or trade association; or
vii. membership of a trade union; or
viii. sexual preferences or practices; or
ix. criminal record;
b. Health Information about an individual.
Use means the handling of Personal Information within LDB Group.
Contacting LDB Group
Telephone: 03 9875 2900
or by emailing LDB Group at LDB@LDB.com.au.