PRIVACY STATEMENT FOR THE DEPARTMENT OF JOBS, TOURISM, SCIENCE AND INNOVATION
If you have been directed to this page, that means that the state government of Western Australia's Department of Jobs, Tourism, Science and Innovation (JTSI) may be collecting your data. JTSI takes your privacy very seriously and will deal with your data in the way described within this policy.
Click here to see how JTSI deals with your data in accordance with Australian law.[1]
If you are accessing the Western Australia Website, and you are a citizen of a member state of the European Union, click here to see how JTSI deals with your data in accordance with EU and Australian laws.[2]
To: Australian Data Subject
The Department of Jobs, Tourism, Science and Innovation (JTSI) is a government agency in Western Australia. JTSI leads Western Australia's economic development, international trade and investment, tourism, and promotes the defence, international education, and science and innovation sectors.
This portion of the Privacy Policy is in relation to the following websites:
• https://www.tourism.wa.gov.au/ (Tourism WA Website)
• https://www.investandtrade.wa.gov.au/ (Invest and Trade Website)
• https://innovation.wa.gov.au/ (Innovation Website)
• https://take2stem.wa.gov.au/ (Take 2 Stem Website)
• https://likenoother.wa.gov.au/ (Like No Other Website)
• https://wago.co.uk/ (Western Australia Government Office (WAGO) in Europe)
• https://wajapan.net/ (Western Australia Government Office (WAGO) in Japan)
• https://waips.industrylink.wa.gov.au/ (Western Australia Industry Participation Strategy Portal)
This privacy statement sets out how JTSI collects, uses, and discloses your information. JTSI holds your information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (together, Australian Privacy Laws). The Australian Privacy Principles can be found here.
This privacy statement only applies to the JTSI websites mentioned above. If you follow a link from a JTSI website and it takes you to a third party website, JTSI recommends that you read the privacy policy of that other website to understand how that third party website deals with your information. Please note that JTSI is not responsible for any content, privacy policies, or privacy practices of any third party websites that may be linked on a JTSI website.
Information that we collect
JTSI may collect the following information from you, being your:
· "personal information" that you choose to give to JTSI (i.e. your name, occupation, email/postal address, date of birth, place of work, business interests, school, university, gender, etc);
· "cookie data" which is essentially technical information about your visit to any of JTSI's websites, including your server address, date and time of your visit, pages accessed, the addresses of the website you visited, the type browser and operating system you are using, and what devices and operating systems you used to access our site from.
JTSI does not collect your "sensitive information" (i.e. information about your racial or ethnic origin, political opinions, membership of any political associations, religious beliefs or affiliations, philosophical beliefs, sexual preferences or practices, or any of your health information).
Protecting the privacy of children is especially important to us. JTSI will not knowingly collect personal data from children under the age of 16 without obtaining parental consent.
How do we collect your information?
Explicit collection
Generally, you will know if JTSI is collecting your personal information because it will be clearly stated. For example, if you submit an online form to contact us, subscribe to receive newsletters, sign up for a competition or promotion, or offer services to us, JTSI will ask you to provide your name and contact details.
Providing us with the requested information is voluntary. If you do not choose to provide us with the requested information, we may not be able to respond to you or provide you with the services you are seeking.
We may collect your personal information from publicly available sources, or from third parties who have shared that information with us in a manner that is consistent with Australian Privacy Laws.
Cookie collection
We use 'cookies' to collect some statistical information about how you interact with the website (e.g. when you visited, what you do on the site and whether you complete any transactions on the website).
We only collect anonymous information. No identifiable personal data is collected.
If you do not want cookies to be placed on your computer, you can disable them using your web browser. If you opt out of using cookies, some of the features on this website may not function fully and your ability to browse, read and download information may be impaired. Please contact us to access our services by other methods.
Cookie collection by third parties
Third party cookies are sent by different organisations other than JTSI (such as analytics or advertising businesses). Third party cookies are used on JTSI's website to enable reporting for impression assisted visits, website conversions, user demographics and user interests. Sometimes, it may be used for marketing purposes.
We use software provided by third party vendors, including the following:
· Google Analytics – a web analytics service that we use to collect data about how you use our site and services.
· Hotjar – is used to better understand how you interact with our website, for example: how long you are on pages, which links are used, and which pages you're on.
· YouTube – JTSI may embed videos or insert links to videos from YouTube from time to time on our website. As a result, when you visit a page with content embedded from or linked to YouTube, you may be presented with cookies from these websites.
· Facebook – The Facebook tracking/web pixel is a piece of code provided by Facebook that is placed on or within a website to alert Facebook when a "conversion" is complete – that is, when a party clicks on a Facebook advertisement and then connects with website(s) of the party responsible for the advertisement.
To find out more about how these third parties handle your personal information, please review their privacy policies.
Use and disclosure of your information
Use of your personal information for the express or implied purpose provided
JTSI uses your personal information in the manner that we describe when you give us this information, such as when you fill out a "contact us" form, or sign up for a newsletter. JTSI may also use your information for a purpose related to the purpose it was collected if you have consented, or if you would reasonably expect the personal information would be used for that related purpose.
Disclosure to potential partners with your consent
In certain circumstances JTSI may share your personal information with entities throughout Australia and internationally. However, JTSI will get your express consent prior to sharing any of your information externally. Further, JTSI will endeavor to ensure that any third party that it shares your personal information with (including those who are overseas), will deal with your information in a way that is consistent with Australian Privacy Laws.
Legal disclosure
JTSI may use or disclose your personal information to third parties where it is legally required to do so, such as where required or permitted by a law of Western Australia (e.g. under the Freedom of Information Act 1992(WA)), and/or if required by law to do so (e.g. by a court or tribunal order, or a law of the Commonwealth). Your personal information will at all times be dealt with in accordance with the applicable legislation in Western Australia and consistent with any legal obligation (including the State Records Act 2000 (WA)).
Your personal information may be disclosed in special situations where JTSI has reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities.
Marketing
JTSI may use your personal information to notify you about an event you may wish to be involved in, or so that we may provide and market our services to you. However, JTSI will only use your information for marketing when we have collected the information directly from you, it is reasonable to expect that we would use your information for marketing purposes, we have provided you with an easy to use means of opting out of receiving further direct marketing from us, and you have not requested that we cease sending you direct marketing communications.
Web analytics
JTSI uses your information collected through cookie data for statistical and system administration purposes, this can help monitor and understand usage trends, make website performance improvements, and monitor cyber security threats. JTSI does not use this information to identify you or match it with any other personal information we collect from you and it remains anonymised.
Incidental access by our contractors
Generally, your information will only be accessed and/or viewed only by JTSI staff and officers when it is appropriate or necessary. However, in some cases, your information may be shared externally with JTSI's contractors, project partners, or suppliers. Where a party other than an employee or officer of JTSI has access to your information, they will be required to comply with Australian Privacy Laws and, where appropriate, to enter into privacy agreements with JTSI.
Contact Us and correction of your personal information
If you would like to know what of your information we are storing and how we have used that information, please contact us in the following manner:
FOI Coordinator
Level 11, 1 William Street
PERTH WA 6000
08 9262 1700
foi@jtsi.wa.gov.au
foi@westernaustralia.com (Tourism WA only requests)
Under the Australian Privacy Laws, you may request access to view documents in JTSI's possession that contain your personal information. If you believe that any of your information recorded by JTSI is incorrect, incomplete, or out of date, you have the right to request that JTSI corrects its records your personal information.
To: GDRP Data Subject
The Department of Jobs, Tourism, Science and Innovation (JTSI) is a government agency in Western Australia. JTSI leads Western Australia's economic development, international trade and investment, tourism, and promotes the defence, international education, and science and innovation sectors.
This portion of the Privacy Policy relates to citizens of a member state of the European Union accessing any of our websites.
This Privacy Policy outlines the way JTSI deals with your data that is consistent with the General Data Protection Regulation (GDPR), otherwise in a way that is consistent with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (together, Australian Privacy Laws).
JTSI is committed to protecting your privacy and the confidentiality of your:
· Personal Information and Sensitive Information as defined within the Australian Privacy Laws; and
· your Personal Data as defined in the GDPR,
together, your (Information).
This Privacy Policy explains, in further detail, the types of Information we collect, how we collect and use this Information, who we may disclose it to, how you can access and change your Information and how you can make a privacy complaint.
What kinds of Information do we collect and/or hold?
What kinds of Information do we collect?
1 The types of Information that JTSI may collect and hold includes the following:
1.1 full name, postal address, e-mail address, and telephone numbers;
1.2 occupation;
1.3 date of birth, gender and marital status;
1.4 any other information you provide to us by any means;
1.5 information associated with web browsing, such as your IP address and web cookies; and
1.6 information relating to a child under 16 if parental consent has been given.
2 JTSI may collect the Information of anyone over the age of 16 years. If JTSI wishes to collect the information of anyone under 16 years of age (child), JTSI will seek the consent of such collection from a person that has parental responsibility over the child.
3 You can browse the general content of JTSI's website anonymously through the use of an anonymized web browser function, without disclosing your personal information. However, some functionality on this website may require you to provide personal information.
4 Generally, the kinds of information that JTSI will collect and/or hold will depend on the nature of our interaction with you – essentially, the purpose of the activity we are conducting. Accordingly, the kinds of information we record will usually extend to your name, address, contact details (including email addresses), payment information (such as credit card and bank account details) and cookie data.
5 On occasion we may collect and/or hold other kinds of Information – such as when we run a promotional event or a competition. When we do this, we will disclose our intention to do so to you.
6 At all times, JTSI will take reasonable steps to inform you of the kinds of Information it collects and holds when you are engaged with it, and how this may vary from project to project.
What kinds of Information can we hold?
7 We are permitted to collect and/or hold, with your consent, the following kinds of Information:
7.1 Personal Information, being information or an opinion about an identified individual, or an individual who is reasonably identifiable.
7.2 Personal Data, being any information which is related to an identified or identifiable natural person that resides within the European Union.
7.3 Sensitive Information, being information or an opinion about an individual's personal preferences or characteristics (such as race, ethnicity, political views, memberships, religious or philosophical beliefs and sexual preference), health information and/or biometric information.
7.4 Special Categories of Personal Data, being personal data revealing racial or ethnic origins, political opinions, religious or philosophical beliefs, trade union memberships, genetic data, biometric data, health status, or sexual orientation.
8 Sensitive Information (as defined in the Privacy Act) and Special Categories of Personal Data (as defined within the GDPR) are afforded a higher level of protection than other kinds of information under the Privacy Act and GDPR. We will only collect and hold Sensitive Information, and Special Categories of Personal Data, when you have given explicit consent for the processing of such data for one or more specified purposes.
How do we collect your Information and how do we hold it?
How do we collect your Information?
9 JTSI is bound by the State Records Act 2000 (WA) (the State Records Act) and the JTSI Record Keeping Plan (the JTSI RKP) which is made pursuant to that legislation. The State Records Act and the JTSI RKP apply to all records generated by JTSI.
10 JTSI may collect Information from or about you in a number of circumstances, including:
10.1 from publicly available sources of information;
10.2 when you use our services or contact us directly;
10.3 when you sign up to receive information from us;
10.4 when you take part in one of our competitions and/or promotions;
10.5 when you use our website and/or via software, such as cookies and web/tracking pixels (also known as "web beacons");
10.6 when you provide or offer services to us;
10.7 from third parties;
10.8 from our own records at JTSI;
10.9 when legally required to do so; and
10.10 when you explicitly provide it to us for the purpose of JTSI providing services to you.
Means of collection
11 JTSI only collects (and holds) Information when knowingly and voluntarily submitted by you. When you register your interest or otherwise in the course of us providing services to you, JTSI may need to collect Information which may include your name, address, telephone/mobile phone number, e-mail address, credit card details, your business name, your user ID or password.
12 JTSI only collects (and holds) Sensitive Information (as defined in the Privacy Act) and Special Categories of Personal Data (as defined within the GDPR) when knowingly and voluntarily submitted by you. Although JTSI will rarely hold and/or collect this kind of information, the information JTSI may hold includes your racial or ethnic background, your family status and/or financial information about you, such as your tax file number.
13 JTSI will, at all times, take reasonable steps to collect your Information directly from you, unless:
13.1 it is unreasonable or impracticable for us to do so; or
13.2 you consent to the collection of the Information from someone other than you; or
13.3 we are required or authorised by or under the GDPR or Australian law, or a court/tribunal order, to collect the Information from someone other than you.
14 In the event we receive your Information from a third party, via referral and/or via a purchase list, we will take reasonable steps to inform you of that and seek your consent to our collection of that Information. Should you refuse to consent to that collection, we will take reasonable steps to destroy or de-identify that Information.
How we use your Information
15 We will only use your Information to the extent permitted by the law. We may use the Information you provide to us or which we collect for the following range of purposes, including:
15.1 To register you on our databases.
15.2 To process and deliver your order/booking/purchase including:
15.2.1 manage payments, fees and charges; and
15.2.2 collect and recover money owed to us.
15.3 To respond to any of your enquires, including those submitted online, by telephone or in person.
15.4 To organise and provide you with a product or service you have requested, or ensuring that you benefit from any relevant special offer or promotion (and to fulfil our obligations under any other agreement we may have with you).
15.5 To manage our relationship with you which will include:
15.5.1 notifying you about changes to our terms and conditions or Privacy Policy; and
15.5.2 asking you to leave a review or take a survey.
15.6 To enable you to partake in a prize draw, competition or complete a survey.
15.7 To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).
15.8 To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.
15.9 To use data analytics to improve and enhance our existing products, services and applications and develop new offerings, recommendations, advertisements and other communications and learn more about customers' preferences in general.
15.10 To make suggestions and recommendations to you about goods or services that may be of interest to you, including carrying out surveys to better understand your preferences.
15.11 To provide your Information to our advertising, marketing, social media and promotional agencies.
15.12 To send information, marketing materials and newsletters to you.
15.13 To prevent fraud and for investigation purposes, for example, using device information such as device ID(s) to ensure that any vouchers or discounts relating to any promotions or campaigns are not being redeemed fraudulently, checking that a payment is not made fraudulently.
15.14 To create and manage customer database(s). As part of our ongoing customer relationship management activities, we may consolidate several databases into one or otherwise link separate databases to more effectively manage your accounts. Information may be linked via a unique identifier, such as a cookie or account number. Alternatively, we may decide to combine two or more databases into a single database of customer information. We may do this for your and/or our convenience (for example, to allow you to more easily register for a new service), to allow us to provide more seamless customer support whenever you contact us and to provide you with better, personalised services, content, marketing and adverts.
15.15 To share your Information with entities throughout Australia and internationally (such as to venture capital firms, innovation hubs, grant funders, or researchers). However, JTSI will get your express consent prior to sharing any of your information externally. Further, JTSI will endeavor to ensure that any third party that it shares your personal information with (including those who are overseas), will deal with your information in a way that is consistent with Australian Privacy Laws.
16 We will only use your Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us using the details set out at the bottom of this Privacy Policy.
17 If we need to use your Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
18 Please note that we may process your Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
How do we hold and store your Information?
19 All of the Information we collect is stored securely in digital formats with strict security measures. We do not hold hard copies of your Information and any Information collected via hard copy formats is transferred to digital storage and the hard copies are destroyed securely through confidential waste management.
20 All information you provide to us is stored on our (or contracted third party) secure servers. JTSI collects your Information online, specifically, via Tourism WA's westernaustralia.com when you perform the following tasks:
20.1 create a 'user profile' to plan your trip and/or save your wishlist; and
20.2 sign up to receive email communications from Tourism WA, such as The Westerly.
21 Your email address and Information are stored within Google Firebase when you create a profile on westernaustralia.com and on Mailchimp when you sign up to receive email communications from JTSI. Google Firebase and Mailchimp are web-based marketing technology platforms that JTSI utilise in order to deliver its services.
22 JTSI will keep your Information only for as long as you want us to. You are able to opt-out or unsubscribe from our email communications at any time via the "unsubscribe" link in any of the marketing emails you receive from us, e.g The Westerly.
23 If you'd like to delete your user profile on westernaustralia.com you can do so by logging in to your account and clicking the "delete my profile" link. If you have any problems with attempting to delete your information please contact us and we will happily remove it for you. Security
24 JTSI strives to ensure the security, integrity and privacy of the Information of its clients. JTSI takes reasonable steps to protect the security of all Information.
25 JTSI personnel are required to respect the confidentiality of Information and the privacy of individuals.
26 We use a variety of physical and electronic security measures, including restricting physical access to our offices and firewalls and secure databases to keep Information secure from misuse, loss or unauthorised use or disclosure.
27 JTSI continually reviews its various security measures in order to ensure that they are up to date and fit for purpose.
Information retention and destruction practices or obligations
28 The State Records Act and the JTSI SRP determine when JTSI will retain or destroy records of personal information.
29 If your information is not subject to the State Records Act and the JTSI SRP, then:
29.1 JTSI will only retain your information as long as it is necessary for it to do so (for example, this may be until the end of a given project or the end of a period of time for expressing interest in a development) or where and when it is required to do so by legislation or a court or tribunal order.
29.2 JTSI has an internal system that is used to identify information that is no longer necessary for it to retain and periodically reviews its data in accordance with this system.
29.3 Once the purpose for which the information was collected expires and/or upon periodic review, JTSI will take reasonable steps to destroy the information or to de-identify the information, so that it can be retained for statistical purposes.
29.4 Information which is retained for statistical purposes may be used to improve our services and to make them more responsive to the needs of our customers. This statistical compilation and analysis of information may also be used by us or provided to others as a summary report for marketing, advertising or research purposes.
Unsolicited personal information
30 JTSI may receive your Information as unsolicited personal information.
31 Unsolicited personal information is received by an organisation, such as JTSI, where it took no active steps to collect that information.
32 When and where JTSI receives unsolicited information, JTSI will determine whether it could have collected the information under Australian Privacy Principle 3 (which governs the collection of solicited personal information) or Article 14 of the GDPR. Where JTSI could not have collected the information consistent with Australian Privacy Principle 3 and Article 14 of the GDPR, JTSI will destroy or de-identify the information as soon as practicable, so long as it is lawful and reasonable for it to do so.
The purpose of our collection, holding of, use or disclosure of Information
How and in what circumstances will JTSI use or disclose of my Information?
33 JTSI may, in certain circumstances, collect, hold, use and/or disclose your Information.
34 JTSI will use and disclose your Information to provide our services to you or to fulfill administrative functions associated with these services. In general, we will use and disclose your Information for the following purposes:
34.1 to notify you about an event you may wish to be involved in;
34.2 to communicate with you with respect to an existing event or booking;
34.3 to provide and market our services or the goods/services of our partners or affiliates;
34.4 to help us manage and enhance our services;
34.5 to purchase from you;
34.6 for any purpose for which the information was provided; or
34.7 any other purpose related to any of the above.
Primary purpose and secondary purposes
35 Your Information will only be used and disclosed for the primary purpose for which it was submitted or for such other secondary purposes that are related to that purpose, unless we disclose other uses in this Privacy Policy or at the time of the collection of that Information.
36 We will only make use of or disclose your Information for a secondary purpose if:
36.1 you have consented to the use or disclosure of that Information; or
36.2 you would reasonably expect JTSI to use or disclose the Information for the secondary purpose; or
36.3 the use or disclosure of that Information is required or authorised by or under legislation or court/tribunal order; or
36.4 a "permitted general situation" exists in relation to the use or disclosure of the Information by JTSI; or
36.5 JTSI reasonably believes that the use of the Information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
37 In the event JTSI discloses information pursuant to this policy, JTSI will make a written record of the use or disclosure.
38 When collecting your Information we will inform you of the primary purpose of our collection and/or any anticipated secondary purpose that may arise. The purpose of our collection will vary from project to project, depending on the nature of the project and the nature of your involvement and/or interest in the project.
Who can access my Information and what conditions apply to their use of my Information?
39 As a general rule, your Information will only be accessed and/or viewed by JTSI staff and officers, as and when it is appropriate or necessary. However, your Information may also be accessed, from time to time, by:
39.1 JTSI contractors;
39.2 JTSI project and/or marketing partners; or
39.3 JTSI suppliers.
40 Where a party, other than an employee or officer of JTSI, has access to the Information of individuals, they will be required to comply with any applicable Australian privacy legislation and the GDPR.
41 The access and use of your Information by a third party will be restricted to the purpose for which it was first collected and/or to a closely related secondary purpose.
42 We may share your Information with a third party where you have given us that Information for the purpose of sharing it with a third party (such as if you are interested in tendering for certain work, you are interested in making certain investments within Western Australia, or you request us to make various industry introductions on your behalf, etc).
43 In some limited circumstances we may also need to use or disclose personal information for other specific purposes, including:
43.1 where JTSI reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conduct by or behalf of an enforcement body; or
43.2 where required to do so by or under a law of Western Australia, a law of the Commonwealth or a court or tribunal order, for example pursuant to the FOI Act or in response to a subpoena.
Use of Aggregate Data
44 JTSI may use Information in aggregate form to improve services and make them more responsive to the needs of customers. This statistical compilation and analysis of information may also be used by us or provided to others as a summary report for marketing, advertising or research purposes.
Direct marketing
45 JTSI will not use or disclose your Information for the purpose of direct marketing, unless:
45.1 we collected the Information from you;
45.2 we obtained your consent to the use or disclosure of the Information for that purpose (except where it was impracticable to do so), including by your use of our website and the consent management platform, through which you chose to opt-in to the collection and use of cookies;
45.3 you would reasonably expect JTSI to use or disclose the Information for that purpose;
45.4 we provide you with an easy to use means of opting out of receiving any further direct marketing communications; and
45.5 you have not requested that we cease sending you direct marketing communications.
46 JTSI makes use of a number of Google Analytics Advertising Features, including remarketing. The Remarketing feature allows JTSI to reach people who have previously visited its website and to match users with appropriate advertising.
47 If you would like to control or opt out of the application of the Google Analytics Advertising Features, you should refer to Google's guide(s) on opting out of those features.
48 JTSI will only make use of your Sensitive Information (as defined in the Privacy Act) and Special Categories of Personal Data (as defined within the GDPR) for direct marketing purposes if you have consented to the use or disclosure of that information for that purpose.
49 If you receive direct marketing communications from JTSI or from an associated entity, partner or affiliate, you are entitled to:
49.1 request that you receive no further direct marketing communications from JTSI
49.2 and/or the associated entity, partner or affiliate; and
49.3 request that JTSI disclose the source of the information.
Opting-out
50 JTSI will facilitate any request by you to opt-out of receiving direct marketing communications. This may be a request to opt-out of receiving certain communications or to opt-out altogether.
51 JTSI will not charge you for making such a request or for giving effect to such a request.
52 JTSI will take reasonable steps to give effect to such a request within a reasonable period of time after the request is made and will reply to a request for the source of the information in a reasonable period of time (unless it is unreasonable or impracticable for us to do so).
53 When visiting JTSI's websites, you may reject all (or some) cookies (except for strictly necessary cookies) by using the consent management platform. The consent management platform also allows you to request that your cookie data be destroyed or removed from processing and JTSI will take steps to facilitate such a request, to the extent that it is possible.
E-mails
54 We may use your e-mail address to send you JTSI publications, newsletters, marketing emails and information relating to seminars or events. We may also contact you by e-mail to seek your opinion or comment on our website and our service offerings.
55 JTSI, at all times, aims to comply with the terms of the Spam Act 2003 (Cth) and will not send unsolicited commercial electronic messages or "spam".
56 All commercial electronic messages sent by JTSI include information about the individual or organisation who authorised the sending of the message.
57 You can unsubscribe from our e-mails at any time. You can also contact us and instruct us not to send further information to you.
How can you access your Information and/or seek the correction of your Information?
58 You have a right to access the Information we hold about you and to request the correction of any Information we hold about you.
59 JTSI will take reasonable steps to ensure that the Information it collects and discloses is accurate, up to date, complete and relevant.
Access to your Information
60 You can make a request for access to your Information informally in writing (including under Article 15 of the GDPR if you are an EU data subject), or under the FOI Act.
61 Applications for access to your Information may be lodged by contacting:
FOI Coordinator
Level 11, 1 William Street
PERTH WA 6000
08 9262 1700
foi@jtsi.wa.gov.au
foi@westernaustralia.com (Tourism WA only requests)
62 JTSI will take reasonable steps to respond to a request for access within a reasonable period of time (within one month) and to give access to your Information in the manner requested, if it is reasonable and practicable to do so.
63 JTSI reserves the right to charge you a minimal fee for providing you with your Information if it forms the view that your request is unfounded or excessive.
64 In the event that JTSI refuses to give you access to your Information requested by you, we will give you a written notice which sets out the reasons for the refusal (except to the extent that it would be unreasonable to do so) and the mechanisms available to you to complain about the refusal.
Retaining and deleting your Information
65 This section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of your Information.
66 Information that we process for any purpose shall not be kept for longer than is necessary for that purpose.
67 In some cases it is not possible for us to specify in advance the periods for which your Information will be retained. In such cases, we will determine the period of retention by taking into consideration the period necessary for retention for its lawful purpose.
68 Notwithstanding the other provisions of this section we may retain your Information where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Access to your Information and your rights under the GDPR
69 In this section, we have provided a summary of the rights that you have under the GDPR and the Australian Privacy Laws. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
70 Your principal rights under data protection law are:
70.1 the right to be informed under the GDPR and the Australian Privacy Laws;
70.2 the right to access under the GDPR and the Australian Privacy Laws;
70.3 the right to rectification under the GDPR and the Australian Privacy Laws;
70.4 the right to erasure, i.e. to be forgotten under the GDPR;
70.5 the right to restrict processing under the GDPR;
70.6 the right to object to processing under the GDPR;
70.7 the right to data portability under the GDPR;
70.8 the right to complain to a supervisory authority under the GDPR and the Australian Privacy Laws; and
70.9 the right to withdraw consent under the GDPR.
The right to be informed and the right to access
71 You have the right to confirmation as to whether or not we process your Information and, where we do, access to the Information, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of Information concerned and the recipients of the Information. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your Information. The first electronic copy will be provided free of charge, but additional copies in specific formats may be subject to a reasonable fee.
The right to rectification
72 You have the right to rectify any inaccurate Information we hold about you and, taking into account the purposes of the processing, to have any incomplete Information about you completed.
72.1 You can make a request for the correction and/or amendment of your Information.
72.2 Applications to have Information held by JTSI corrected or amended should:
72.2.1 be made in writing to the Freedom of Information and Privacy Officer;
72.2.2 provide enough information to determine what changes are required; and
72.2.3 provide your current contact details.
72.3 In the event JTSI refuses to correct your Information, JTSI will give you a written notice which sets out the reasons for the refusal (except to the extent it would be unreasonable to do so) and the mechanisms available to you to complain about the refusal.
72.4 JTSI will take reasonable steps to respond to a request for correction or amendment without undue delay and will not charge you for the making of the request or for the correction of your Information.
The right to erasure
73 In some circumstances you have the right to the erasure of your Information without undue delay. Those circumstances include:
73.1 the Information is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
73.2 you withdraw consent to consent-based processing;
73.3 you object to the processing under certain rules of applicable data protection law;
73.4 the processing is for direct marketing purposes; and
73.5 the Information has been unlawfully processed.
74 However, there are exclusions to the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
The right to restrict the processing of your Information
75 In some circumstances you have the right to restrict the processing of your Information. Those circumstances are:
75.1 you contest the accuracy of the Information;
75.2 processing is unlawful but you oppose erasure;
75.3 we no longer need the Information for the purposes of our processing, but you require Information for the establishment, exercise or defence of legal claims; and
75.4 you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your Information. However, we will only otherwise process it:
75.4.1 with your consent;
75.4.2 for the establishment, exercise or defence of legal claims;
75.4.3 for the protection of the rights of another natural or legal person; or for reasons of important public interest.
76 You have the right to object to our processing of your Information on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for:
76.1 the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or
76.2 the purposes of the legitimate interests pursued by us or by a third party.
77 If you make such an objection, we will cease to process the Information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
78 You have the right to object to our processing of your Information for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
The right to data portability
79 To the extent that the legal basis for our processing of your Information is:
79.1 consent; or
79.2 that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract and such processing is carried out by automated means,
you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
The right to withdraw consent
80 To the extent that the legal basis for our processing of your Information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
Notifiable data breaches
81 Where we become aware of a potential data breach which is likely to result in serious harm to any individuals about whom we hold information, we will:
81.1 investigate the suspected breach and determine the scope of any breach that has occurred and the risk of harm to affected individuals whose information may have been compromised;
81.2 notify you of the potential breach; and
81.3 take steps to minimise any harm caused to affected individuals as a result of the breach.
How can I complain about a breach or give feedback on how JTSI deals with my Information?
82 Should you wish to provide JTSI with feedback with respect to its management of your Information, to complain about a breach of JTSI's privacy obligations or to appeal a decision with respect to a request for access to or the correction of Information. Please contact us.
83 JTSI will take reasonable steps to respond to your complaint and/or feedback within 45 days.
84 In the event that you wish to have a decision refusing access to your Information and/or refusing to correct your personal data reviewed or to lodge a complaint with respect to the management of your personal data, please contact us.
Disclosure of Information to overseas recipients
85 Generally, JTSI does not disclose the Information of its customers to overseas recipients.
86 However, there is a possibility that, on occasion, your Information may be disclosed to an overseas recipient. The location of any recipients will vary depending on the project or purpose concerned.
87 In the event that a particular project or development will or may involve the disclosure of Information to an overseas recipient, JTSI will take reasonable steps to inform you of that potential use or disclosure as soon as possible. As part of our notification process, JTSI will inform you of the location and/or identity of that recipient.
88 Similarly with other third party recipients and/or partners of JTSI, we will take reasonable steps to ensure that any overseas recipients comply with the Australian privacy legislation and the GDPR.
89 Should you have any queries about the potential disclosure of your Information to an overseas recipient, please contact our Freedom of Information and Privacy Officer.
Definitions and specialised terms
90 In accordance with the Privacy Act, (and where applicable, the GDPR) this Privacy Statement uses the following definitions:
90.1 An entity "collects" personal information only "if the entity collects the personal information for inclusion in a record or generally available publication".
90.2 that use cookies, embedded videos, and other tracking technologies.
90.3 Direct marketing involves the use and/or disclosure of personal information to communicate directly with an individual to promote goods and services. A direct marketer may communicate with an individual through a variety of channels, including telephone, SMS, postal mail, e-mail and online advertising.
90.4 An entity "discloses" personal information "when it permits that information to become known outside the entity and releases it from its effective control".
90.5 FOI Act means Freedom of Information Act 1992 (WA).
90.6 GDPR means the General Data Protection Regulation.
90.7 GDPR data subject means a person who is an identified or identifiable natural person located within the EU.
90.8 An entity "holds" personal information "if the entity has possession or control of a record that contains personal information".
90.9 your "Information" means Personal Information and Sensitive Information as defined in the Privacy Act and your Personal Data as defined in the GDPR.
90.10 Personal Data means is any information that relates to an identified or identifiable living individual within the EU.
90.11 "Personal information" means information or an opinion about an identified individual, or an individual who is reasonably identifiable.
90.12 "Primary purpose" refers to the particular purpose for which the information in question was collected.
90.13 Privacy Act means Privacy Act 1988 (Cth).
90.14 Privacy Officer also means the Data Protection Officer pursuant to Article 37 of the GDPR.
90.15 "Secondary purpose" is any purpose other than the primary purpose for which we have collected your personal information.
90.16 "Sensitive information" means information or an opinion about an individual's personal preferences or characteristics (such as race, ethnicity, political views, memberships, religious or philosophical beliefs and sexual preference), health information and/or biometric information.
90.17 State Records Act means the State Records Act 2000 (WA).
[1] Direct to simplified portion of the privacy policy below.
[2] Direct to GDPR portion of the privacy policy below.