The Monthly Pty Ltd as trustee for The Monthly Trust (referred to as “The Monthly” or “We” in this Privacy Policy) understand your concerns about the privacy of the data that you may submit through this web site. This Privacy Policy (Policy) sets out the approach which The Monthly will take in relation to the treatment of Personal Information. It includes information on how The Monthly collects, uses, discloses and keeps secure the Personal Information that it gathers and tracks on the Web site. It also covers how The Monthly makes the Personal Information it holds available for access to and correction by you.
This Policy has been drafted having regard to The Monthly's obligations under the Privacy Act 1988 (Cth) (including the Australian Privacy Principles) (the Privacy Act).
This Policy is a public document and has been prepared in light of Australian Privacy Principle 1, Open and Transparent Management of Personal Information.
By using this Web site, you agree to The Monthly dealing with your Personal Information according to the terms of this Policy.
1. Collection
1.1 The Monthly will only collect Personal Information where the information is reasonably necessary for The Monthly to perform one or more of its functions or activities. In this context, "collect" means gather, acquire or obtain by a lawful and fair means, information in circumstances where the individual is identifiable or identified.
1.2 The Monthly collects Personal Information primarily:
(a) to provide you with the products and/or services ordered from it; (b) to answer your specific enquiry;
(c) at your option, to send you additional materials relating to The Monthly and services that may be of interest to you; or
(d) in the administration of the Web site.
1.3 The Monthly also collects and uses Personal Information for secondary purposes including:
(a) billing and account management;
(b) business planning and product development;
(c) to provide you with relevant advertisements and relevant information about promotions, as well as the products and services of The Monthly and other organisations; and
(d) as otherwise described in this Policy.
1.4 In accordance with Australian Privacy Principle 5- Notification of the Collection of Personal Information, The Monthly will notify you of the matters listed below before collecting any Personal Information:
(a) the main reason that we are collecting Personal Information (this reason will be the Primary Purpose);
(b) other related Uses or Disclosures that we may make of the Personal Information (Secondary Purposes);
(c) our identity and how you can contact us, if this is not obvious;
(d) that you can access the Personal Information that The Monthly holds about you;
(e) that you should contact our Director of Privacy as per the contact details in Point 12 herein if you wish to access or correct Personal Information collected by us or have any concerns in relation to Personal Information;
(f) the organisations or types of organisations to whom we usually Disclose the Personal Information including Related Bodies Corporates and contractors; and
(g) where applicable, any law that requires the Personal Information to be collected.
1.5 The Monthly will not collect Personal Information secretly or in an underhanded way.
How we use cookies and other technologies
General
1.6 Subject to our obligations under the Privacy Act, when you visit this site, information about your browser type, operating system, IP address, and the domain name from which you access this site (e.g. www.yahoo.com) is collected. In addition, we may collect information about your browsing behaviour, such as the number of times you have visited the site, the date you visited the site, and the amount of time you spent viewing the site. In addition, The Monthly may track your response to The Monthly's advertisements, e-mails and site content, determine your ability to receive HTML-based e-mail messages, learn how many users open an e-mail and allow our service providers to compile aggregated statistics about an e-mail campaign for The Monthly. This information is used solely for our internal purposes in managing the site and improving its functionality, as well as to assist us in better targeting interactive advertising, thereby enhancing customer support and site usability. The collection of such information, whether by us or by data aggregators, is subject to the terms set forth in this Policy.
Transparent GIF Files
1.7 In addition to our own cookies, we use pixels, or transparent GIF files, on our sites to help manage our online advertising and e-mail marketing. These GIF files are provided by one or more third-party service providers, based on our specification as to where they are used. The files enable our service providers to recognize a unique cookie in your Web browser, which, in turn, enables us and our service providers to learn which advertisements and e-mails bring you to our website and how you use the site.
Examples of the ways in which The Monthly and our third-party service providers use GIF files include:
- Tracking customer response to our advertisements, e-mails and site content.
- Determining your ability to receive HTML-based e-mail messages. This capability helps us or our service providers send you e-mail in a format you can read.
- Knowing how many users open an e-mail, thereby enabling our service providers to compile aggregate statistics about an e-mail campaign for us.
- Allowing us to better target interactive advertising; enhancing customer support and site usability; and providing offers and promotions that we believe would be of interest to you, if you have given us permission to do so by opting-in to receive them.
To conduct these or other activities, we or our service providers sometimes may link Personal Information you previously provided us (such as, for example, your name and e-mail address) to the information the GIF files provide about how you arrive at, navigate through and leave our sites.
2. Use
2.1 The Monthly Uses Personal Information primarily for the purposes listed in 1.2 above.
2.2 The Monthly will obtain your consent for the 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 your Reasonable Expectations.
2.3 The Monthly may Use Personal Information without your consent:
(a) to avoid an imminent threat to a person's life or to public safety;
(b) for reasons related to law enforcement;
(c) for internal investigations into unlawful activities;
(d) to assist in locating a missing person;
(e) to establish, exercise or defend a legal or equitable claim;
(f) for the purposes of a confidential alternative dispute resolution; or
(g) as otherwise provided in Australian privacy Principal 6- use or disclosure of personal information.
2.4 Unless otherwise authorised pursuant to the Privacy Act, The Monthly will not Use your Personal Information without taking reasonable steps to ensure that the information is accurate, complete, relevant and up to date.
Direct Marketing
2.6 If The Monthly wishes to Use or Disclose Personal Information (other than Sensitive Information) for Direct Marketing purposes, it will comply with Australian Privacy Principal 7- direct marketing. To this end, the provisions of 2.7 – 2.9 are to be treated as a summary of The Monthly’s rights and obligations with respect to the Use or Disclosure of Personal Information for Direct Marketing purposes.
2.7 The Monthly will only Use or Disclose Personal Information (other than Sensitive Information) for Direct Marketing purposes if:
(a) we collected the information from you; and
(b) you would Reasonably Expect us to Use or Disclose the information for that purpose; and
(c) we have provided a simple way for you to Opt Out; and
(d) you have not made such a request to us to exercise your right to Opt Out.
2.8 Accordingly, The Monthly will make sure that when we collect the information from you, we will ascertain that you Reasonably Expect your Personal Information to be Used or Disclosed for the purpose of Direct Marketing.
2.9 If we are not able to ascertain that you Reasonably Expect your Personal Information to be Used or Disclosed for Direct Marketing, or if we happen to collect your Personal Information from a third party, we will only Use such Personal Information if:
(i) you are clearly notified of your right to Opt Out from further Direct Marketing by way of a prominent statement appearing on the relevant piece of marketing material;
(ii) there is only one Use of the information before the Opt Out right is given and this Use applies across all of The Monthly' Related Bodies Corporate (if the information is shared between those Related Bodies Corporate);
(iii) you are given a continuous right to Opt Out in all further instances of Direct Marketing on those terms described in 2.9(i) if you have not previously chosen to Opt Out; and
(iv) if you Opt Out of all Direct Marketing, the Opt Out will be respected by The Monthly and our Related Bodies Corporate.
Sensitive Information
2.10 The Monthly will not collect Sensitive Information from you except with your consent and only where it is necessary for The Monthly to collect such information for an activity or function described in Australian Privacy Principle 3- collection of solicited personal information.
2.11 The Monthly will also comply with Australian Privacy Principle 7.4 before disclosing Sensitive Information for the purpose of direct marketing.
3. Disclosure
3.1 The Monthly may Disclose Personal Information to related or unrelated third parties if your consent has been obtained.
3.2 The Monthly may Disclose Personal Information to unrelated third parties to enable outsourcing of functions (such as billing), where that is Disclosure or Use for a related Secondary Purpose and has been notified to you or where such Disclosure is within your Reasonable Expectations.
3.3 The Monthly 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.
3.4 The Monthly may Disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law or the Privacy Act.
3.5 The Monthly may Disclose Personal Information to avoid an imminent threat to your or a person's life or to public safety.
3.6 If a Disclosure is not for a Primary Purpose, not for a related Secondary Purpose or upfront consent has not been obtained, The Monthly will not Disclose Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above.
4. Information quality
The Monthly will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy of your Personal Information can be achieved and how the Personal Information that we Collect, Use or Disclose is up to date, relevant and complete.
5. Information security
5.1 The Monthly will take reasonable steps to protect the Personal Information from misuse, interference, loss, unauthorised access and disclosure. For example, we will take 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.
5.2 The Monthly will not attempt to match de-identified or anonymous data collected through surveys or such online devices as "cookies", with information identifying an individual, without the consent of the relevant individual.
5.3 The Monthly requires employees and contractors to perform their duties in a manner that is consistent with The Monthly' legal responsibilities in relation to privacy.
5.4 The Monthly will take all reasonable steps to ensure that Personal Information is only accessible by people within The Monthly who have a genuine "need to know" as well as "right to know."
5.5 The Monthly will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained. For example, The Monthly has implemented technology and security policies and procedures intended to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the data concerned.
6. Access and correction
6.1 The Monthly will permit its records containing your Personal Information to be accessed by you in accordance with the Privacy Act. 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. By way of example only, we will have the right to refuse to provide you with access to your Personal Information if:
- 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);
- giving access to the information would have an unreasonable impact on the privacy of any other individual;
- your request for access is frivolous or vexatious or giving such access will be unlawful.
6.2 If The Monthly 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 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 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 to access and/or correct your Personal Information; or
(b) have been refused access to your Personal Information by us for any reason described in this Policy and you wish to challenge that refusal;
you may do so by contacting the Director of Privacy as per the contact details in point 12 herein.
6.5 The Monthly will not normally charge a fee for processing an access request unless the request is complex or is resource intensive.
6.6 Where The Monthly offers on-line account management facilities, customers can use this capability to control aspects of their account, including amending or updating certain Personal Information.
7. Openness
7.1 The Monthly's Director of Privacy 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 the Director of Privacy as per the contact details in point 12 herein.
7.2 You will find that The Monthly website contains a prominently displayed privacy statement and will include a copy of this Privacy Policy.
8. Anonymous transactions
8.1 The Monthly 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.
8.2 The Monthly will allow its customers to transact with it anonymously or by using a pseudonym wherever that is reasonable and practicable.
9. Transferring personal information
Transferring Personal Information Overseas
9.1 If Personal Information must be sent by The Monthly overseas for sound business reasons, The Monthly will enter into an enforceable contractual arrangement with the overseas recipient to make sure that the overseas recipient handles such information in accordance with the Australian Privacy Principles.
9.2 The Monthly 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 the Australian Privacy Principles 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.
10. Glossary
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. The goods or services which are marketed may be those of The Monthly or a Related Body Corporate or those of an independent third party organisation.
Disclosure generally means the release of information outside The Monthly, 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.
Health Information means:
(a) Information or an opinion about:
(i) the health or a disability (at any time) of an individual; or
(ii) an individual's expressed wishes about the future provision of health services to him or her; or
(iii) a health service provided or to be provided to an individual; that is also personal information; or
(b) other personal information collected to provide or in providing a health service; or
(c) other personal information about an individual collected in connection with the donation; or intended donation by the individual of his or her body parts or body substances.
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. This includes, but is not limited to, an individual’s name, address, telephone number and e-mail address.
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 is given its meaning in the Corporations Act 2001 (Cth)
Sensitive Information means:
(a) information or an opinion about an individual's:
(i) racial or ethnic origin; or
(ii) political opinions; or
(iii) membership of a political association; or
(iv) religious beliefs or affiliations; or
(v) philosophical beliefs; or
(vi) membership of a professional or trade association; or
(vii) membership of a trade union; or
(viii) sexual preferences or practices; or
(ix) criminal record that is also personal information; or
(b) Health Information or genetic information about an individual;
or as otherwise described in section 6(1) of the Act.
Use means the handling of Personal Information within The Monthly.
11. Notification of changes to the Policy
The Monthly may, in its sole discretion, update this policy at any time and from time to time, by posting the amended policy on this Web site. If we make material changes to this policy that affect our treatment of your Personal Information, we will provide you with e-mail or postal mail notice and a choice to opt in under the terms of the revised policy. After the changes take effect, all newly collected Personal Information will be subject to the terms of the revised policy and all previously collected Personal Information will be handled in accordance with your response to our opt-in notice (in accordance with the revised policy if you opt in and in accordance with the previous policy if you do not opt in). If no material changes have been made to this policy that affect our treatment of your Personal Information, the amended policy shall be effective upon posting, and your access to or use of the site following an update shall be deemed consent to the revised policy. If you have asked to receive marketing and other materials, and you regularly receive electronic communications from us, amendments to this policy may be sent to you via e-mail. We urge you to refer back to this page regularly and especially prior to providing any Personal Information via this Web site. This policy may not be otherwise amended without the written consent of The Monthly.
12. Contacting The Monthly
If you have any questions about this privacy policy, any privacy related dealings with us or a possible breach of your privacy or would like further information about our information management practices, you can contact The Monthly’s Director of Privacy, care of the following details:
Mr Owen Kelly
Director of Privacy
The Monthly Pty Ltd
37- 39 Langridge Street
Collingwood VIC 3066
Phone +61 3 9486 0288
Fax +61 3 9486 0244
Email: [email protected]
This policy was last updated on 1 February 2014.