Privacy Policy

Policy owner: Nick van Gelder Dreamers Foundation

Approved by: Board

Approval date: 1 October 2021

Next Review due: 1 September 2022

Version: 1.0

 1. Introduction 

This document describes The Nick van Gelder Dreamers Foundation’s (“The Foundation”) Privacy  Policy and reinforces its commitment to protecting personal information in accordance with the  Australian Privacy Principles as set out in the Privacy Act 1988 (Cth). The Foundation will only gather personal information where it is necessary for one or more of its functions or activities. This policy  applies to all personal information collected by The Foundation other than personal information of  current and former employees of The Foundation where the personal information is held in  employee records, or its use and disclosure relates to the employment relationship. 

2. Definitions 

Personal Information means information or an opinion, whether true or not, and whether recorded  in a material form or not, about an identified individual, or an individual who is reasonably identifiable. Sensitive Information is a subset of Personal Information. It includes information or  opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or  trade association, membership of a trade union, sexual preferences or practices, criminal record, or health information about an individual. 

3. Information collected by The Foundation 

The Foundation collects different types of Personal Information depending upon the purpose of collection. 

The Foundation may collect the following Personal Information from supporters:

  • name, address, and contact information; 

  • interest in The Foundation’s programs; 

  • credit card or bank account details; and 

  • other information relating to personal circumstances, demographics, or preferences. 

The Foundation may collect the following personal information from employees, volunteers,  contractors, job applicants and workers: 

  • name, address, occupation, professional memberships, and contact information;

  • date of birth; 

  • bank account details; 

  • taxation information such as tax file numbers and HECS information;

  • work permission documentation; 

  • work history; 

  • health history in some circumstances; 

  • emergency contact details; 

  • references; and 

  • superannuation information. 

An individual does not have to provide Personal Information to The Foundation, but it may be  difficult for The Foundation to comply with its obligations without the information. For example, without Personal Information, The Foundation may not be able to issue the individual with a receipt. 

Where possible, an individual may interact with The Foundation anonymously or using a pseudonym.  For example, if an individual contacts The Foundation by telephone with a general question, The  Foundation will not ask that individual's full name unless it is needed to answer the question. 

3.1. Collecting Sensitive Information 

Generally, The Foundation does not collect Sensitive Information. However, The Foundation may  collect Sensitive Information in certain circumstances, with consent or where it is required or authorised by law or a court/tribunal order. 

3.2. Collecting Personal Information 

The Foundation will generally only collect Personal Information from the individual concerned unless it  is unreasonable or impracticable to do so. This may be collected through means such as written correspondence, e-mails, telephone calls, conversations, in meetings or through The Foundation 's website. 

The Foundation may also use third party suppliers such as fundraising face-to-face and  telemarketing agencies or campaigning and survey organisations to collect and update supporter details. 

The Foundation will also occasionally use third party suppliers to update or append information  about supporters such as new addresses through the National Change of Address (NCOA) mail re-direction services by Australia Post or phone numbers or email addresses from other publicly available sources. 

Other publicly available information, such as in newspaper or magazine articles or online  and social media resources may also be appended to supporter records.

At or before the time (or, if that is not practicable, as soon as practicable after) The Foundation  collects Personal Information, steps will be taken to ensure the individual is aware of the following: 

  • The Foundation’s identity and contact information; 

  • The Foundation will collect or has collected the Personal Information and the circumstances of collection; 

  • this privacy policy contains information about how an individual can gain access to the  Personal Information and to have it corrected; 

  • the purpose for which the Personal Information is or will be collected; 

  • to whom The Foundation usually discloses Personal Information of the type collected; 

  • this privacy policy contains information about how the individual may make complaints and  how The Foundation will deal with the complaint; 

  • collection of the Personal Information is required or authorised by law or a court/tribunal  order and details of the relevant law or order; and 

  • the main consequences (if any) if all or part of the Personal Information is not provided.

3.3. Personal Information provided to The Foundation by another Individual 

If an individual provides Personal Information to The Foundation about someone else, he or she  must ensure that he or she has the consent of the other person to disclose that Personal  Information and that the other person is aware of this privacy policy. 

3.4. Use of Personal Information 

The Foundation does not sell Personal Information. 

The Foundation will disclose the purpose for which Personal Information will be used, at the time of collection. 

The Foundation will use Personal Information obtained for the primary purpose it was collected or  a related purpose. Such purposes include: 

  • processing donations; 

  • issuing receipts; 

  • responding to comments and questions; providing information about The Foundation’s activities; 

  • requesting financial or other support;

  • improving The Foundation’s website and other forms of communication; 

  • providing marketing material; and 

  • to process and respond to complaints. 

The Foundation will only use the Personal Information for other purposes if the individual’s consent is  obtained, or if The Foundation is otherwise entitled to do so by law. 

3.5. Disclosure of Personal Information 

Personal Information will only be disclosed to third parties in accordance with this privacy policy. 

Personal Information may be provided to third parties where any functions or services relating to the  purpose for which the Personal Information is collected are being outsourced or a person would reasonably expect The Foundation to disclose it to a third party for a particular purpose. For example,  The Foundation may disclose Personal Information to: 

  • service providers that host our website servers; 

  • marketing service providers; and 

  • professional advisors (such as accountants, auditors, and lawyers). 

The Foundation may also disclose Personal Information if: 

  • an individual has consented to the disclosure; or 

  • it is required or authorised by or under an Australian law or a court/tribunal order. The Foundation does not directly disclose Personal Information to recipients located overseas.

4. Accuracy of information 

The Foundation will take all reasonable steps to ensure that the Personal Information collected,  used, or disclosed is complete and up to date. We request that if any Personal Information changes,  individuals contact us as soon as possible using the contact details set out int his privacy policy. We  will usually respond to a request to update Personal Information within five business days. 

5. Security of Personal Information 

The Foundation takes reasonable steps to ensure that the Personal Information held is protected  from misuse, interference and loss or unauthorised access, modification, or disclosure. For example,  staff and volunteers all sign confidentiality agreements as part of the HR manual and are given access  only to databases, files and records required to complete their jobs or assignments.

The Foundation’s online donation forms are security encrypted using SSL encryption and any data  transfers are done using encrypted and password protected files. However, no data transmission over  the internet or information stored on servers accessible through the internet can be guaranteed to be  fully secure. Individuals are advised not to send confidential information by email, as emails may be  accessed by people other than those for whom they are intended. 

5.1. Notification of breach 

If there is an unauthorised access or disclosure or loss of Personal Information and such is likely to  result in serious harm to an individual, The Foundation will undertake appropriate investigative and  remedial action, and will comply with the Mandatory Notification Data Breach regime in Part IIIC of  the Privacy Act to the extent applicable. 

5.2. Accessing Personal Information 

If an individual wishes to access Personal Information held by The Foundation, he or she should contact The Foundation using the contact details set out in this privacy policy. The Foundation will usually  respond to a request to access Personal Information within 30 days. 

Individuals may contact The Foundation at any time if they wish to: 

  • change their Personal Information (for example address or telephone number); 

  • cancel some or all the communications that The Foundation provides (opt-out mechanisms  are included on the majority of communications); 

  • request access to the information that The Foundation holds about them; or • request further information about The Foundation’s privacy policy. 

The Foundation is entitled to refuse a request to access Personal Information in particular  circumstances (such as where providing access would be unlawful or would have an unreasonable impact on the privacy of other individuals). 

If The Foundation rejects a request for access, reasons for the decision will be given to the individual concerned. 

Where the request is accepted, The Foundation may charge a reasonable fee for providing access to the Personal Information. 

5.3. Using Personal Information for marketing purposes 

The Foundation may sometimes disclose names and addresses to third parties for the purpose of  allowing them to market their products and services. Such disclosure will be subject to your  express consent. Individuals are given the opportunity to opt out of such communications and can contact The Foundation for further details. 

5.4. Information collected using technology 

The Foundation uses ‘cookies’ to anonymously track visits to the website and the documents that are  downloaded to compile statistical information. If visitors prefer ‘cookies’ not to be used, they may adjust their browser to disable them. 

While The Foundation's website contains links to other sites, it does not have any control or  responsibility for their content, privacy practices or business practices. 

5.5. Maintenance of volunteer and supporter records 

The Foundation will keep volunteer and supporter records for seven years from the date on which an entry is made 

In the case of other records, such as taxation records, The Foundation will maintain these records for a  continuous period of seven years from the date the entry is made. 

Supporter information is captured on The Foundation supporter databases indefinitely. 5.6. Method of disposal of Personal Information 

All information of a private, personal, or confidential nature must be disposed of by The Foundation in  a manner that ensures the privacy of the individual to whom it relates. 

Destruction of information will usually be means of shredding or secure disposal by registered waste contractors. 

6. Access to this policy 

Individuals may obtain a copy of this policy by contacting The Foundation or by accessing it from The  Foundation’s website. It will also be communicated and discussed with all employees and contractors and made available to them. 

7. Questions or complaints 

If an individual has further queries, problems, complaints, or would like to give The Foundation  feedback, they should contact the Chair of the Board of The Foundation. 

8. Policy Review Process 

The Compliance Committee is accountable to The Foundation’s Board for managing and maintaining this  policy. Where compliance issues surface, the Compliance Committee will work with staff to address  these issues promptly. Any updates/revisions to the policy must be endorsed by the Compliance  Committee before being submitted to the Board for approval.

The Foundation may review and change this policy from time to time and/or at least every 12 months.  The amended Privacy Policy will apply whether The Foundation has given specific notice of any change.

9. Policy History

Policy first developed 1 October 2021