1. COLLECTION OF PERSONAL INFORMATION
1.1 The Accommodation Brokers Collects Personal Information about customers, prospective customers and Website users which is reasonably necessary for, or directly related to, one or more its functions or activities. We collect your Personal Information in several ways, including but not limited to:
(a) the registration process on our Website;
(b) other instances in which you provide Personal Information via our Website;
(c) over the phone.
1.2 Generally, the type of personal information we collect about you is the information that is needed to facilitate your travel arrangements, bookings and to arrange travel-related services and products on your behalf. The information we may collect may include but is not limited to details such as your: name, residential and/or mailing address, contact numbers, email address, passport details, credit/debit card details (including card type, card number, security number and expiry date), frequent flyer details, dietary requirements and any health or lifestyle issues that may be relevant to your travel arrangements for the purposes of The Accommodation Brokers and/or the travel service providers that we may engage on your behalf (this may include but is not limited to: airlines, insurance providers, hotels/resorts etc.) In some circumstances, we may need to collect sensitive personal information such as your religious beliefs, criminal record and health information. We will only collect this information with your consent and where it is reasonable in the circumstances for the purposes of facilitating your travel arrangements. We will only use and disclose this sensitive information in accordance with the purpose for which the information is required.
1.3 If you wish to ‘refer a colleague’ to The Accommodation Brokers that colleague must register themselves – we will not enter Personal Information on their behalf.
1.5 The Accommodation Brokers will not Collect Personal Information secretly or in an underhanded way and will not sell your Personal Information to any third party.
2. HOW WE USE YOUR INFORMATION AND WHEN WE MAY DISCLOSE IT
2.1 The Accommodation Brokers holds Personal Information which it has Collected to Use and/or Disclose for its Primary Purposes. You provide your consent to us Using and/or Disclosing your Personal Information for the following Primary Purposes:
(a) promoting daily deals to you;
(b) answering your inquiry;
(c) assisting us to process payment for the product or service purchased by you;
(d) sending you additional materials relating to The Accommodation Brokers and products and services that may be of interest to you; and
(e) providing you with effective customer service.
(f) You also expressly grant The Accommodation Brokers the right to provide your contact details to airlines for the purpose of airlines (or their agents) providing operational notifications or updates in connection with your flights.
2.2 The Accommodation Brokers also holds Personal Information which it Uses and/or Discloses for purposes other than its Primary Purposes ( Secondary Purposes ). You provide your consent to us Using and/or Disclosing your Personal Information for the following Secondary Purposes:
(a) billing and account management;
(b) business planning and product development;
(c) enabling us to better understand your needs and interests;
(d) improving the content, functionality and usability of our Website;
(e) improving our marketing and promotional efforts;
(f) displaying personalised advertising when you visit our Website;
(g) for any other purpose identified in any other agreement between The Accommodation Brokers and you;
(h) issues, news or other information relevant to your dealings with The Accommodation Brokers, or about The Accommodation Brokers generally, or the industries in which you or The Accommodation Brokers operates;
(i) the organisation has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities;
(j) in order to re-engage with and send marketing material to you (including via email, telephone or sms) if your account has become inactive; and
2.3 – In addition to the Secondary Purposes outlined above we use Google Analytics (a web analytics services provided by Google) and data such as age, gender and browsing activity to better understand the behaviour of our customers and provide targeted advertising to suit customers interests and preferences. Accordingly, when you visit our website, we, and/or a third party, may place cookies on your browser to determine information including (but not limited to) your computer’s location, browsing activity and time spent on our website. We use this information to help measure and research the helpfulness of website features and offers, and serve relevant ads to our users. By using this website and agreeing to this policy, you grant us permission to place and store cookies on your browser. Cookies can be managed by accessing the individual browser settings.
You can also opt-out of receiving personalised ads. If you choose to opt-out, you will still see online advertisements, but they will be less relevant to your interests.
(a) the Secondary Purpose is related to a Primary Purpose; and
(b) you would have a Reasonable Expectation that we would use the information for that Secondary Purpose.
2.5 From time to time we may disclose your Personal Information to organisations outside of The Accommodation Brokers in order to deliver the services you require. Your Personal Information is Disclosed to these organisations only in relation to us providing our services to you. These organisations carry out, amongst other services, our:
(a) billing and debt-recovery functions;
(b) customer inquiries;
(c) information technology services;
(d) marketing services (including market research);
(e) website usage analysis; and
We will take reasonable, practicable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your Personal Information.
If you purchase a product, we will disclose your name, address and other information necessary to complete the order to the merchant on whose behalf the deal is advertised (the Merchant). We will use reasonable endeavours to make sure that the Personal Information that we disclose to the Merchant on your behalf is the minimum necessary to complete the order.
2.6 If you contact us to purchase a product over the phone and you wish to pay by credit card, you consent to us processing any credit card payment in your capacity as purchaser of the product notwithstanding whether the credit card details that you provide to us are your own. If, at your direction, we process a credit card payment using the credit card details of any third party who is not the purchaser of the product (the Third Party Payment), you indemnify us for all liability including all claims, demands or actions the third party may take against us with respect to the processing of the Third Party Payment.
2.7 Where you use your credit card to purchase an offer on another member’s The Accommodation Brokers account, you take full responsibility for being able to retrieve and redeem the package, and acknowledge that The Accommodation Brokers holds no responsibility in providing the credit card holder their booking confirmation, without written instructions by the account holder.
3. DIRECT MARKETING
(a) that has been collected from you in circumstances where:
(i) you have provided consent to do so; or
(ii) it is within your Reasonable Expectations; or
(iii) where it is impracticable to obtain your consent;
(b) that has been Collected from any third party in circumstances where:
(i) you have provided consent to do so; or
(ii) it is impracticable to obtain your consent.
3.3 In each Direct Marketing communication, we will include a:
(a) prominent statement appearing on the relevant piece of marketing material notifying you of your right to Opt Out from further Direct Marketing; and
(b) simple means for you to Opt Out of receiving further Direct Marketing communications of that kind.
3.4 Should you Opt Out, we will stop Using and/or Disclosing your Personal Information for Direct Marketing purposes.
3.5 The Accommodation Brokers will not Use your Sensitive Information for Direct Marketing purposes.
4. ENSURING INFORMATION IS ACCURATE AND UP-TO-DATE
We take reasonable precautions to ensure that the Personal Information we Collect, Use and Disclose is complete, relevant and up-to-date. However, the accuracy of that information depends to a large extent on the information you provide. That’s why we recommend that you:
(a) let us know if there are any errors in your Personal Information; and
(b) keep us up-to-date with changes to your Personal Information such as your name or address. You may change your personal details by using the relevant facility on our Website or by contacting the Data Protection Officer as described in Point 12.
5. HOW WE PROTECT YOUR INFORMATION AND DATA RETENTION
5.1 The Accommodation Brokers will take reasonable steps to protect the Personal Information from misuse, interference, loss and unauthorised access or disclosure. This may include taking reasonable steps to destroy or permanently de-identify Personal Information once it is no longer needed for any purpose for which it may be Used or Disclosed in accordance with Australian Privacy Principal 11.2, subject to the exceptions contained therein.
5.3 will take reasonable steps to ensure that Personal Information is only accessible by people who have a genuine “need to know” as well as “right to know.”
5.4 We keep your Personal Information while your account is in existence or as needed to provide you with Primary and/or Secondary Purpose. This includes data you provide to us and data generated or inferred from your use of the Primary and/or Secondary Purpose.
6. HOW YOU CAN ACCESS, CORRECT OR CONTROL YOUR INFORMATION
6.1 The Accommodation Brokers will permit its records containing your Personal Information to be accessed by you when required by the Privacy Act (or General Data Protection Regulation or other legislation / regulation as applicable). We may, however, refuse to provide you with access to your Personal Information if one or more of those matters contained in Australian Privacy Principle 12.3 – Access to Personal Information – applies, including but not limited to instances in which:
(a) we reasonably believe that giving you access to your Personal Information would pose a serious threat to the life or to the health and safety of any individual (including you);
(b) giving access to the information would have an unreasonable impact on the privacy of any other individual;
(c) your request for access is frivolous or vexatious or giving such access will be unlawful
6.2 If The Accommodation Brokers is satisfied that:
(a) having regard to the purpose for which the information is held, the information is inaccurate, out of date, incomplete or irrelevant or misleading; or
(b) you (as the person to whom the Personal Information relates) request that we correct the information;
we will take reasonable steps to correct our records containing your Personal Information as soon as practically possible in accordance with the Privacy Act.
6.3 If we have refused to grant you access to your Personal Information in accordance with Point 6.1 above, we will still take all reasonable steps to provide you with access to your Personal Information in a way that meets both your needs and our needs.
6.4 If you:
(a) wish to lodge a request for access and/or a copy of your Personal Information;
(b) wish to correct, edit or update some of your Personal Information in your account;
(c) object to the use of or wish to limit the use of some of your Personal Information;
(d) wish for us to delete some or all of your Personal Information (i.e. if it is no longer necessary to provide the Primary or Secondary Purpose); or
(e) otherwise wish for us to withdraw your consent for us to store or your Personal Information for any reason;
you may do so by contacting The Accommodation Brokers Data Protection Officer as per the details in in Point 12.
6.5 Where The Accommodation Brokers offers online account management facilities, customers can use this capability to control aspects of their account, including amending or updating certain Personal Information.
7.1 The Accommodation Brokers’ Data Protection Officer will be the first point of contact for inquiries about privacy issues. If you wish to make an inquiry or complaint regarding privacy you should do so by contacting this office as per the details in Point 12.
8. STAYING ANONYMOUS
8.1 The Accommodation Brokers will not make it mandatory for visitors to its Website to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. The Accommodation Brokers may however request visitors to provide Personal Information voluntarily to The Accommodation Brokers (for example, as part of a competition or questionnaire).
8.2 The Accommodation Brokers will allow its customers to transact with it anonymously or by using a pseudonym wherever that is reasonable and practicable.
9. TRANSFERRING INFORMATION OVERSEAS
9.1 If we send Personal Information overseas, The Accommodation Brokers will take steps which are both reasonable and practicable to ensure that the overseas recipient handles such information in accordance with the Privacy Act.
9.2 The Accommodation Brokers may disclose Personal Information to an overseas recipient without complying with 9.1 if:
(a) you are Expressly Informed of the intended disclosure of your Personal Information to the overseas recipient, and you provide consent accordingly; or
(b) we reasonably believe that the overseas recipient is subject to a law or a binding scheme that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the Privacy Act seeks to protect same and you can access mechanisms to enforce the protection of your Personal Information under that law or that scheme; or
(c) the Disclosure is required or authorised by an Australian court or tribunal or under Australian law.
“Collect” means gather, acquire or obtain by a lawful and fair means, information in circumstances where the individual is identifiable or identified.
“Direct Marketing” involves the Use and/ or Disclosure of Personal Information to communicate directly with an individual to promote goods or services through written, verbal or electronic means of communication (including without limitation communication by phone, SMS and email). The goods or services which are marketed may be those of The Accommodation Brokers or a Related Body Corporate or those of an independent third party organisation.
“Disclosure” generally means the release of information outside The Accommodation Brokers, including under a contract to carry out an “outsourced function.”
“Express Consent Consequences” includes the fact that that we will not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act in the event that you provide consent to the disclosure of your Personal Information by us to an overseas recipient and the overseas recipient handles your Personal information in breach of the Privacy Act.
“Expressly Informed” means the circumstance where we have provided you with a clear statement (either verbal or in writing) of the Express Consent Consequences.
“Opt Out” means an individual’s expressed request not to receive further Direct Marketing communications.
“Personal Information” means information that is not Sensitive Information, including information or an opinion (whether information or an opinion forming part of a database), whether true or not and whether recorded in a material or data form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. This includes, but is not limited to, an individual’s name, address, telephone number and email address or any other information as set out in this policy.
“Primary Purpose” is the main reason for the Collection of any Personal Information as described in clause 2.1 of this policy.
“Reasonable Expectation” means a reasonable individual’s expectation that their personal information might be Used or Disclosed for the relevant purpose.
“Related Body Corporate” is given its meaning in the Corporations Act 2001 (Cth).
“Secondary Purpose” means a purpose of Use or Disclosure other than a Primary Purpose as described in clause 2.2 of this policy.
“Sensitive Information” is given its meaning in section 6(1) of the Privacy Act 1988 (Cth).
“Use” means the handling of Personal Information within The Accommodation Brokers.
“Website” means the website of The Accommodation Brokers.com.au and related webpages as well as any website and related webpages of any other website owned or operated by The Accommodation Brokers.
12. CONTACTING The Accommodation Brokers
Data Protection Officer
The Accommodation Brokers
20 Lyndhurst Street,
Gladesville, NSW 2111
Effective 12 Feb 2020