Privacy Policy

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BOATING INDUSTRY ASSOCIATION LIMITED – PRIVACY POLICY

1.  About the Boating Industry Australia Ltd

1.1  The Boating Industry Association Ltd (BIA) is the voice of the recreational and light commercial marine industry, promoting safe, recreational boating as a positive and rewarding lifestyle for Australians.

1.2  BIA operates under the direction of a Board of Directors, made up of representatives from each of the participating States. Each State has a council that is active in ensuring local matters are identified and resourced for the benefit of all members. State-based BIAs were established in the 1960s and 1970s.

1.3  BIA represents over 90% of the recreational and light commercial marine industry. Our members get Australians onto the water, through the manufacture, wholesale or retail of products and services to the recreational boating consumer, and light commercial marine operators.

1.4  BIA member activities include manufacturing (boats, trailers, accessories, parts and components, waterways infrastructure), importers, exporters, wholesale marine distributors, retailers, marine brokers, chandlery, marinas and boatsheds, shipwrights, mechanical and electrical engineers, charter, hire and tourism and any activity or service required by the recreational and light commercial marine market. Members provide products and services to a diverse range of sporting, recreational and tourism activities. As well as serving the needs of its members, the BIA often finds itself actively campaigning on behalf of more than 2.5 million people who regularly enjoy recreational boating.

 

2.  What the Association incorporates?

2.1  We strive to ensure that our members’ voices are heard in all relevant government, community and industry forums, to ensure that any decisions that impact this lifestyle truly consider the needs of the boating community.

2.2  Our main objective is to support and improve the sustainability of the recreational and light commercial marine industry.

2.3  BIA aims to:

(a)  increase recreational boat ownership and use in Australia through the development of the marine industry and the promotion of recreational boating;

(b)  promote recreational boating as a safe, environmentally sound and responsible leisure pastime for Australians;

(c)  promote ongoing and enduring improvements to safety, training, facilities and legislation relevant to the industry, with a focus on self-regulation;

(d)  work with appropriate organisations and authorities to address issues related to the environment, boating safety, waterways infrastructure, access to waterways and related public facilities; and

(e)  conduct a national program of boat shows to promote wider awareness of the industry both internally and externally.

2.4  Importantly, BIA provides a forum to discuss industry needs and problems and serves as a representative of industry to all levels of government in Australia, media and the public.

 

3.  Privacy Policy Notice

3.1  BIA respects everyone’s right to personal privacy. This website notice explains our policy for dealing with personal information we collect through this website.

3.2  By accessing or using this website you acknowledge to be bound by this privacy notice.

3.3  Throughout this notice, we refer to your personal information. The Privacy Act 1988 (Cth)  (the Act) defines personal information as:

“…information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable.”

3.4  Your home address and telephone number are examples of personal information.

3.5  We view privacy as a serious matter and we strictly adhere to the Australian Privacy Principles (APP), the Privacy Act 1988 and the European Union General Data Protection Regulations (GDPR) where relevant.

3.6  This Privacy Policy Statement (Privacy Statement) sets out our process for collection, storage and management of personal information across our business.

3.7  Please note that when you use a link from our website to other websites, those websites are not subject to our Privacy Statement. You will need to contact those websites to find out about their privacy and security policies.

3.8  This Privacy Statement sets out our current website privacy policies necessary to comply with the Act, the APPs and the GDPR.

3.9  We will update our Privacy Statement from time-to-time to ensure its currency with the changes in the domestic and international legal sphere. We will notify you of these changes by publishing them on this website. We therefore encourage you to check this page from time to time. By continuing to use this website, you agree to accept any changes we make to this Policy Statement.

3.10  If you have any questions or concerns about this website’s Privacy Statement and policies, please contact our Privacy Officer:

Domenic Genua
53 Hume Street
Crows Next 2065
Ph: (02) 9438 2077 Fax: (02) 9439 3983
Email: info@bia.org.au

 

4.  Types of Personal Information we collect

4.1  The type of Personal Information generally collected by the BIA include your name, residential address, telephone numbers and other contact details, date of birth, email address, and other identifying data to enable us to identify and communicate with you. We may also collect information about your use of our products and services and any preferences you tell us about.

4.2  We do not collect sensitive information about you unless:

(a)  You consent to the collection of the information and the information is reasonably necessary for, or directly related to, one or more of BIA’s functions or activities.

4.3  BIA ensures that it only collects, and stores solicited personal information, that is information that has been expressly requested by BIA.

4.4  If unsolicited personal information is provided by you, we are under an obligation to, within a reasonable period after receiving the information, determine whether we could have collected the information under APP 3.

4.5  If we determine that the piece of information could not have been collected by us, and the information is not contained in a commonwealth record, then we will, as soon as practicable but only if its lawful and reasonable to do so, destroy or de-identify the information.

4.6  Information that is retained by us is updated upon receipt of notification of changes and is protected from distribution outside of BIA except with the permission of each relevant company or individual.

4.7  Wherever possible we will offer you the option of de-identifying your personal information in any transaction where information is collected or stored by us.

 

5.  How we collect information

5.1  Personal information is only collected through lawful and fair means. There are four (4) main ways in which your information may be collected:

(a)  Submitting an enquiry through the BIA website;

(b)  Making an enquiry over the phone through a BIA Representative;

(c)  Prospective members entering data into our Customer Relationship Management database tool (CRM) during the application process; and

(d)  Purchasing tickets to BIA events via third party providers.

 

6.  Why we collect personal information

6.1  Generally, we collect and use personal information about our members, and other associated groups and individuals. This information is primarily for purposes relating to membership contact details, to provide information in the form of newsletters, faxes, flyers, prospectuses, education, and other material relevant to assisting members of companies as well as individuals, in order to promote and protect recreational boating as a safe, environmentally responsible pastime and sport for individuals and families.

6.2  We collect information primarily for advertising, promotions, direct marketing, remarketing and retargeting purposes, to the extent that this use is not inconsistent with our compliance with APPs.

6.3  BIA uses Google Analytics, Google Ad Words and Facebook to assist it in achieving the above purposes.

6.4  In addition, the boating community, all levels of government and other interested companies and individuals contact us for specific and strategic information in relation to recreational boating. BIA also provides contact details for its members as a member service.

6.5  If we hold personal information that was collected for a particular purpose, we ensure that the information is not used for another purpose unless:

(a)  You have provided informed consent for the use or disclosure of the information; or

(b)  You would reasonably expect us to use or disclose the information for the secondary purpose and the secondary purpose is:

(i)  directly related to the primary purpose (if the information is sensitive information); or

(ii)  related to the primary purpose (if the information is not sensitive information).

 

7.  How we store information

7.1  We store personal information in secure computer storage facilities. Information that is collected from its members is entered into the BIA’s Customer Relationship Management System. In so doing, we have taken numerous steps to protect your personal information form misuse, interference, loss and unauthorised access, modification or disclosure.

7.2  Access to personal information is restricted to BIA staff only:

(a)  Information collected from enquiries through our website are stored within our email system

(b)  Information collected from telephone enquiries or submitted through our application process are stored on our Customer Relationship Management database tool.

7.3  Information stored on our CRM is managed by CRM service provider. We have made all necessary enquiries to satisfy ourselves that the CRM service provider operates its business in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

7.4  Information collected and stored via third party ticketing services is shared with BIA and is stored on our business servers.

7.5  We have in place all necessary processes and procedures to comply with our obligations under the Act in relation to the Notifiable Data Breaches Scheme.

7.6  We are under an obligation to notify you when a data breach is likely to result in serious harm to any individual whose personal information is involved in the breach.

7.7  If:

(a)  BIA holds personal information about an individual; and

(b)  BIA no longer needs the information for any purpose for which the information may be used or disclosed by it; and

(c)  The information is not contained in a Commonwealth Record; and

(d)  BIA is not required by or under an Australian law, or a court/tribunal order, to retain the information;

BIA must take such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is de-identified.

 

8.  Other organisations and marketing to you

8.1  The Boating community, all levels of government and other interested organisations and individuals contact the BIA for specific and strategic information related to recreational boating. As part of its member service, BIA provides contact details of its members to third parties.

8.2  BIA may use your or disclose your personal information (other than sensitive information) for the purpose of direct marketing if:

(a)  If BIA collected the information from you; and

(b)  You would reasonably expect the organisation to use or disclose the information for that purpose; and

(c)  BIA provides a simple means by which the individual may easily request not to receive direct marketing communications from the organisation; and

(d)  You have not made such a request to BIA.

8.3  When entering in your details into our CRM, you must tick the box to ‘opt-in’ to direct marketing. All of our ‘marketing’ communications contain an unsubscribe button.

8.4  If you do not wish to receive direct marketing from us, please make use of the unsubscribe function contained within our marketing communications or contact us to update your preferences.

8.5  BIA ensures its compliance with other legislation interacting with the Privacy Act 1988, to the extent any of the following apply:

(a)  Do Not Call Register Act 2006;

(b)  Spam Act 2003;

(c)  Any other Act of the Commonwealth, or a Norfolk Island enactment, prescribed by the regulations

 

9.  Cross-border disclosure of personal information

9.1  Before BIA discloses personal information about an individual to a person (overseas recipient) who is not in Australia or an external Territory and who is not the entity of the individual, BIA will take such steps as a reasonable in the circumstances to ensure that the overseas recipient does not breach the APP in relation to the information.

9.2  BIA will not disclose personal information to the overseas recipient unless an express consent is received by the relevant individual, member or company.

 

10.  Quality of personal information

10.1  BIA is committed to taking such steps as are reasonable in the circumstances to ensure that:

(a)  the personal information collected is up-to-date, accurate and complete; and

(b)  the personal information used or disclosed is, having regard to the purpose and use or disclosure, accurate, up-to-date, complete and relevant.

 

11.  Access to personal information

11.1  Members, individuals and other associated groups whose information is held by BIA, can request from the BIA the type of information that is retained about them. BIA is required to comply with this request within a reasonable period, and no later than 30 days, after the request is made and give access to the information in the manner requested by the individual, if it is reasonable and practical to do so.

11.2  We are entitled to charge you for complying with a request for giving access to personal information, however this charge will not be excessive and will not apply to the making of the request.

11.3  There are exceptions to the circumstances where this request will not be complied with. Such circumstances are where:

(a)  BIA reasonably believes that giving access would pose a serious threat to the life, health or safety of an individual, or to public health or public safety; or

(b)  Giving access would have an unreasonable impact on the privacy of other individuals; or

(c)  The request for access is frivolous or vexatious; or

(d)  The information relates to existing or anticipated legal proceedings between BIA and the individual, and would not be accessible by the process of discovery in those proceedings; or

(e)  Giving access would be unlawful, prejudicial to negotiations with the individual, be inconsistent with a court/tribunal order, prejudice one or more enforcement related activities or would reveal evaluated information generated within the entity in connection with a commercially sensitive decision-making process.

11.4  If BIA refuses to give you access due to the reasons set out above, we will provide you with a written notice that sets out:

(a)  The reasons for the refusal; and

(b)  The mechanisms available to the complain about the refusal; and

(c)  Any other matter prescribed by the regulations.

 

12.  Correction of Personal Information

12.1  Pursuant to APP 13, if BIA is satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, BIA must take steps as are reasonable in the circumstances to correct that information and ensure that the information is accurate, up-to-date, complete, relevant and not misleading.

12.2  To assist BIA to comply with this obligation under APP 13, BIA requests its members, or other individuals who have provided their personal information to BIA, to write to us or email us in the circumstances where your information changes so that we may update our system and ensure your information is accurate, up-to-date, complete, relevant and not misleading.

 

13.  How BIA deals with Complaints

13.1  If there is a breach of the APP or this privacy policy, an individual or company can complain about the breach to BIA’s Privacy Officer.

13.2  The Privacy Officer will then deal with this complaint through an internal dispute resolution scheme. The Privacy Officer will endeavour to resolve the complaint as quickly as possible. The time frame for complaint resolution is highly dependent upon the circumstances surrounding the complaint.

13.3  If the complaint is not resolved or you are unsatisfied with the outcome of the complaint, you may notify the Office of the Australian Information Commissioner (OAIC) and elect to have the matter reviewed through an external dispute resolution process.

 

14.  Compliance with the GDPR

14.1  In addition to its compliance with the APP, we also ensure that we comply with the GDPR where relevant. Whilst most APPs provide equivalent rights to the GDPR, an area which lacks an equivalent right is in relation to individual rights to erasure, data portability and right to object, contained in Articles 17, 20 and 21 of the GDPR.

The full text of the GDPR can be found on the link below:

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679

Right to Erasure

14.2  This right is an individual’s ‘right to be forgotten’. An individual member whose information is collected and stored by BIA has the right to obtain from BIA the erasure of personal information concerning him or her without undue delay and BIA shall have the obligation to erase personal information without undue delay when one or more of the grounds in article 17 apply.

Right to Data Portability

14.3  Under Article 20, an individual has the right to receive personal data concerning him or her, which he or she has provided to BIA, in a structured, commonly used and machine-readable format and have the right to transmit that information to another controller without hinderance from BIA.

Right to Object

14.4  Pursuant to Article 21, an individual has the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data based on Article 6(1)(e) and Article 6(1)(f) including profiling.

 

15.  Third Parties and our Website

15.1  BIA uses third party services to enable it to use the information it collects from its members, individuals and companies to a full extent and to provide excellent customer service to its members. For this reason, BIA shares your information with third parties listed in paragraph 15.2.

15.2  We use the following external third parties:

(a)  Google Analytics

(i)  Google Analytics is used for remarketing and advertising reporting features.

(ii)  You are able to opt-out of Google Analytics’ Advertising Features you may use the Google Analytics Opt-out Browser Add-on which prevents user’s data from being used by Google Analytic. You can find the add-on on the link below:

https://tools.google.com/dlpage/gaoptout/

(iii)  For users that reside in the EU area, BIA has an agreement with Google Analytics to ensure that we obtain our user’s valid consent. More information about our obligations towards Google Analytics can be found on the link below:

https://www.google.com/about/company/user-consent-policy.html

(b)  Google Ad Words

(i)  Google Ad Words is used for remarketing purposes.

(ii)  To find out more about opting-out of Google Ad Words, please use the link below:

http://optout.networkadvertising.org/?c=1#!/

(c)  Facebook

(i)  BIA uses Facebook for Developers which use cookies to offer visitors on the BIA website a better user-experience.

15.3  We will never sell, trade, lease or rent any personal information to other companies without your consent.

 

16.  Cookies

16.1  A cookie is a small text file placed on your computer hard drive by a web page server. Cookies may then be accessed later by our web servers. Cookies store information about your use of our website.

16.2  We use cookies to:

(a)  determine if you have previously visited our website

(b)  identify what pages from our website you have accessed

(c)  customise and enhance your online experience through directing your enquiries to the correct persons and providing further information on your proposed purchases.

(d)  monitor the performance of our Services and to continually improve them

16.3  Third parties identified in this policy may also make use of your cookies.

16.4  Most web browsers are set to accept cookies but if you are not comfortable accepting cookies you can use your browser to disable them. If your browser is set to reject cookies you may not be able to make full use of our website or access services on the site that require cookies in order for you to participate.

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