This Privacy Policy sets out the approach that Independently Certified Diamonds (ICD) will take in relation to the treatment of Personal Information. It includes information on how ICD collects, uses, discloses and keeps secure, individuals' Personal Information. It also covers how ICD makes the Personal Information it holds available for access to and correction by the individual.
This policy has been drafted having regard to ICD's obligations under the Privacy Act 1988 (including the new National Privacy Principles and the Privacy Act). This Policy is a public document and has been prepared in light of National Privacy Principle 5, Openness.
1. COLLECTION
1.1 ICD will only collect Personal Information where the information is
necessary for ICD 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 ICD collects Personal Information primarily to supply users with services from it and its related companies. ICD also collects and uses Personal Information for secondary purposes including:
1. Account management
2. Business planning and product development
3. To provide individuals with information, as well as the services of ICD affiliated companies and other organisations
4. To enhance the ICD experience by displaying retailers and/or services that match the personal preferences of individuals based on their previous website browsing history or activity
1.3 ICD will not collect Sensitive Information from individuals except with
consent and only where it is necessary for ICD to collect such information for an activity or function.
1.4 ICD will not collect Personal Information secretly or in an underhanded
way.
1.5 ICD will take steps to ensure that individuals on lists are or have been
notified of the information as outlined at 1.3.
2. USE
2.1 ICD 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 ICD Uses Personal Information primarily for the purposes listed in 1.2
above.
2.3 If ICD relies on the Direct Marketing exception to Direct Market to
individuals it will ensure that:
1. The individual is clearly notified of their right to Opt Out from further Direct Marketing
2. There is only one Use of the information before the Opt Out right is given and this Use applies across all ICD Related Bodies Corporate (if the information is shared between those Related Bodies Corporate)
3. The individual is given an Opt Out in all further instances of Direct Marketing if they have not previously chosen to Opt Out
4. If the individual Opts Out of all Direct Marketing the Opt Out will be respected by ICD and all its Related Bodies Corporate.
2.4 ICD will not use Sensitive Information for Direct Marketing.
2.5 ICD 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 ICD will not use Personal Information without taking reasonable steps to
ensure that the information is accurate, complete and up to date.
3. DISCLOSURE
3.1 ICD 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 ICD 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 ICD may Disclose Personal Information to unrelated third parties to enable
outsourcing of functions (such as billing, customer relations management and order fulfilment), 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 ICD 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 ICD may Disclose Personal Information to law enforcement agencies,
government agencies, courts or external advisers where permitted or required by law.
3.6 ICD 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, ICD will not Disclose Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above.
3.8 ICD 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, ICD 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 ICD will review, on a regular and ongoing basis, its collection and storage
practices to ascertain how improvements to accuracy can be achieved.
4.2 ICD 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 ICD requires employees and contractors to perform their duties in a
manner that is consistent with ICD's legal responsibilities in relation to privacy.
5.2 ICD 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 ICD who have a genuine "need to know" as well as "right to know".
5.3 ICD 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 ICD will allow its records containing Personal Information to be accessed
by the individual concerned in accordance with the Privacy Act.
6.2 ICD 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 ICD Customer Service, as per the details on the website.
6.4 ICD 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. OPENNESS
7.1 ICD 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 ICD Customer Service, as per the details on the ICD website.
7.2 ICD websites will contain a prominently displayed privacy statement and
will include a copy of ICD Privacy Policy.
8. ANONYMOUS TRANSACTIONS
8.1 ICD 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. ICD may however request visitors to provide Personal Information voluntarily to ICD (for example, as part of a competition or questionnaire).
9. TRANSFERRING PERSONAL INFORMATION OVERSEAS
9.1 ICD 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 ICD overseas for sound business
reasons, ICD 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.
10. GLOSSARY
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 that are marketed may be those of ICD or a Related Body Corporate or those of an independent third party organisation.
Disclosure generally means the release of information outside ICD, 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:
1. Information or an opinion about an individual's:
1. Racial or ethnic origin
2. Political opinions
3. Membership of a political association
4. Religious beliefs or affiliations
5. Philosophical beliefs
6. Membership of a professional or trade association
7. Membership of a trade union
8. Sexual preferences or practices
9. Criminal record
10. Health Information about an individual.
Use means the handling of Personal Information within ICD.