Privacy
This document declares the undertakings by Jack Sim Publications in relation to its handling of your personal information.
Contents
Data Collection
Data Security
Data Use
Data Disclosure
Data Retention and Destruction
Access by You to Your Personal Data
Information about Data Handling Practices
Handling of Enquiries, General Concerns and Complaints
Enforcement
Changes to These Privacy Undertakings
Definitions
Data Collection
Jack Sim Publications undertakes to collect personal information by means that are:
- Fair;
- Legal; and
- Transparent.
If you visit Jack Sim Publications' web-site, your web-browser automatically discloses, and Jack Sim Publications’s web-server automatically logs, the following information: the date and time, the IP address from which you issued the request, the type of browser and operating system you are using, the URL of any page that referred you to the page, the URL you requested, and whether your request was successful. This data may or may not be sufficient to identify you.
Any additional data that you provide, e.g. in a web-form, may also be logged. This data may or may not be sufficient to identify you.
Any additional data that your web-browser automatically provides may also be logged. This will be the case, for example, if your browser has previously been requested to store data on your computer in 'cookies' and submits them each time you request a web-page within a particular domain (such as ghost-tours.com.au). This data may or may not be sufficient to identify you.
If you disclose personal data to Jack Sim Publications in conjunction with an identifier such as your name or your credit-card details, Jack Sim Publications will collect your personal information. Moreover, any data that becomes available to Jack Sim Publications through any of the means described in the preceding paragraphs may be able to be associated with that identifier, and hence become your personal information.
Subject to the qualifications immediately below, Jack Sim Publications undertakes to collect personal information from you and not from other parties. This undertaking is qualified as follows:
- Where Jack Sim Publications reasonably considers that the protection of its financial interests requires that it gather your personal information from other sources, or from additional sources. This applies in particular where Jack Sim Publications has a lending exposure to you, and seeks information about your creditworthiness;
- Where Jack Sim Publications reasonably considers that its capability to deliver quality services to you will be materially enhanced by gathering your personal information from other sources. This applies in particular to consumer profile data.
Where Jack Sim Publications collects personal information from sources other than you, it undertakes:
- To do so only by legal means;
- To do so only with your Consent; and
- To declare to you what sources it uses, and under what circumstances.
Jack Sim Publications undertakes to declare the purpose of collection in a manner which is clear and meaningful, and to avoid vague, highly inclusive statements such as 'to support our operations'.
Data Security
Jack Sim Publications undertakes to store personal information in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.
Jack Sim Publications undertakes to store Personal information only in jurisdictions where data protections are at least equivalent to those required under the OECD Guidelines.
Jack Sim Publications undertakes to transmit Personal information in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.
Jack Sim Publications undertakes to implement appropriate measures to ensure security of Personal information against inappropriate behaviour by Jack Sim Publications's staff-members and contractors. These include:
- Training for staff in relation to privacy;
- Access control, to limit access to Personal information to those staff and contractors who have legitimate reasons to access it;
- Particularly in the case of sensitive data, audit trails of accesses, including the identities of staff and contractors accessing the data;
- Reminders to staff and contractors from time to time about the importance of data privacy, and the consequences of inappropriate behaviour;
- Declaration of appropriately strong sanctions that are to be applied in the event of inappropriate behaviour
- Clear communication of policies and sanctions; and
- Processes to audit, to investigate and to impose sanctions.
Data Use
Use refers to the application of Personal information by any part of Jack Sim Publications, or any staff-member or contractor of Jack Sim Publications in the course of their work.
Jack Sim Publications undertakes to use personal information only for:
- The purposes for which it was collected;
- Such other purposes as are subsequently agreed between Jack Sim Publications and You;
- Such additional purposes as may be required by law. In these circumstances, Jack Sim Publications will take any reasonable steps available to it to communicate to You that the use has occurred, unless it is precluded from doing so by law; and
- Such additional purposes as are authorised by law (in particular to protect Jack Sim Publications’s interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to Jack Sim Publications or have committed a breach of the criminal law).
Jack Sim Publications undertakes to use your personal information only if it has demonstrable relevance to the particular use to which it is being put.
Jack Sim Publications undertakes to use your personal information in such a manner as to take into account the possibility that it is not of sufficient quality for the purpose, e.g. because it is inaccurate, out-of-date, incomplete, or out-of-context.
Data Disclosure
Disclosure refers to making your personal information available to any party other than Jack Sim Publications and You. The term disclosure may include many different conditions of data transfer, including selling, renting, trading, sharing and giving.
Jack Sim Publications undertakes to disclose personal information only under the following circumstances:
- In the course of business being conducted between You and Jack Sim Publications, where disclosure is necessary to a contractor, such as a transport company. Where personal information is disclosed in this way, Jack Sim Publications undertakes to exercise control over Jack Sim Publications’s contractors to ensure that their actions are compliant with these Terms;
- In other circumstances that are directly implied by the purpose agreed between You and Jack Sim Publications at the time of data collection or subsequently. Where personal information is disclosed in this way, Jack Sim Publications undertakes to exercise control over Jack Sim Publications’s contractors to ensure that their actions are compliant with these Terms;
- With your consent, or at your request;
- Where required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena. In these circumstances, Jack Sim Publications will take any reasonable steps available to it to communicate to You that the disclosure has occurred, unless it is precluded from doing so by law;
- Where permitted by law (e.g. the reporting of suspected breach of the criminal law to a law enforcement agency; and in an emergency, where Jack Sim Publications believes on reasonable grounds that the disclosure of your personal information will materially assist in the protection of the life of health of some person), provided that Jack Sim Publications will apply due diligence to ensure that the exercise of the permission is justifiable.
In all cases, Jack Sim Publications undertakes to disclose only such of personal information as is necessary in the particular circumstances.
Data Retention And Destruction
Subject to the qualifications immediately below, Jack Sim Publications undertakes:
- To retain Personal information only as long as is consistent with its purpose; and
- To destroy Personal information when its purpose has expired, and to do so in such a manner that personal information is not subsequently capable of being recovered.
This undertaking is qualified as follows:
- Personal information may be retained in Jack Sim Publications’s logs, backups and audit trails within short-term retention cycles that are devised to protect the company's operations. In such cases, Personal information will be destroyed in accordance with those cycles;
- Personal information may be retained beyond the expiry of its purpose if that is required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena, or a warning by a law enforcement agency that delivery of a court order is imminent. In these circumstances, Jack Sim Publications:
- will take any reasonable steps available to it to communicate to You that personal information is being retained, unless it is precluded from doing so by law; and
- will only retain personal information while that provision is current, and will then destroy your personal information;
- Personal information may be retained beyond the expiry of its purpose if it is authorised by law (in particular to protect Jack Sim Publications’s interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to Jack Sim Publications or have committed a breach of the criminal law). In these circumstances, Jack Sim Publications will only retain personal information while that situation is current, and will then destroy your personal information.
Access By You To Your Personal Data
Jack Sim Publications undertakes to provide you with access to your personal information, subject to only such conditions and processes as are reasonable in the circumstances. In particular, Jack Sim Publications undertakes to enable access:
- Conveniently;
- Without unreasonable delay; and
- Without cost.
Jack Sim Publications undertakes to establish and operate identity authentication protections for access to Personal information that are appropriate to its sensitivity, but practical. This may involve some inconvenience; for example, relatively straightforward procedures may be involved in order to provide you with access through a channel that you have previously registered with Jack Sim Publications (such as a particular email-address), but may impose more onerous procedures if you wish to use some other channel.
In the event that you dispute some aspect of your personal information, Jack Sim Publications undertakes to take reasonable steps in relation to the amendment, supplementation or deletion of your personal information.
You undertake:
- Not to seek access for frivolous purposes, or unreasonably frequently;
- To accept that deletion of some data may not be consistent with the provision of particular services by Jack Sim Publications to you.
Information About Data-Handling Practices
Jack Sim Publications undertakes to make information available to you about the manner in which Jack Sim Publications handles your data:
- In general terms, in a readily accessible manner; and
- In more specific terms, on request.
Where personal information is disclosed to a contractor, Jack Sim Publications undertakes to make information available to you on request about the manner in which Jack Sim Publications’s contractors handle your data.
Jack Sim Publications undertakes to ensure that the information provided is meaningful, and addresses your concerns.
You undertake:
- Not to seek such information for frivolous purposes, or unreasonably frequently; and
- To accept that the disclosure of excessive detail may harm the security of Personal information and Jack Sim Publications’s business processes, and may harm Jack Sim Publications’s commercial interests.
Handling Of Enquiries, General Concerns And Complaints
If you have enquiries, general concerns, or complaints about these Terms, or about Jack Sim Publications’s behaviour in relation to these Terms, you undertake:
- To communicate them in the first instance:
- To Jack Sim Publications only;
- In sufficient detail;
- Through a channel made available by Jack Sim Publications for that purpose - Please contact us here;
Jack Sim Publications undertakes:
- To provide one or more channels for communications to Jack Sim Publications, which are convenient to users;
- To promptly provide acknowledgement of the receipt of communications, including the provision of a copy of the communication, the date and time it was registered, and Jack Sim Publications’s reference-code for the communication;
- To promptly provide a response to the communication, in an appropriate and meaningful manner.
You further undertake to not pursue Jack Sim Publications through any Regulator or the media:
- Until and unless Jack Sim Publications has had a reasonable opportunity to respond to the initial communication; and
- While Jack Sim Publications and you remain are conducting a meaningful dialogue about the matter.
Enforcement
Jack Sim Publications declares that its undertakings in these Terms are intended to create legal obligations, and that those obligations are intended to be enforceable under appropriate laws in appropriate jurisdictions. These include laws relating to data protection, privacy, fair trading, corporations and criminal laws.
You undertake to seek enforcement only in a jurisdiction that is relevant to the transactions that have taken place between You and Jack Sim Publications, in particular the jurisdiction in which you live or in which you performed the relevant acts, and the jurisdiction in which Jack Sim Publications is domiciled or performed the relevant acts.
If you wish to discover the relevant laws in any particular jurisdiction, Jack Sim Publications draws your attention to the following resources:
- WorldLII Privacy Links
- Compilation of [U.S.] State and Federal Privacy Laws, Privacy Journal, Providence RI
- PRIVACY LAW SOURCEBOOK 2004, EPIC, Washington DC
- The Australian Privacy Foundation's pages:
Changes To These Privacy Undertakings
Jack Sim Publications undertakes:
- Not to materially change these Terms in a manner that reduces the protections for your personal information;
- To take all possible steps to prevent any company that acquires this company or any of its relevant assets from materially changing the Terms applicable to personal information in a manner that reduces the protections for your personal information;
- Where it is considering making changes to these Terms, or creating more specific Terms relating to specific services, to consult with appropriate representative and advocacy organisations;
- Where it makes changes to these Terms, to ensure that the differences between successive versions are readily accessible;
- To maintain all prior versions of these Terms in such a manner that they are dated, and readily accessible.
Definitions
Jack Sim Publications means the company Jack Sim Publications and all subsidiaries.
Personal information means data that is capable of being associated with you, whether or not it includes an explicit identifier such as your name or customer number. In particular, it encompasses all data that Jack Sim Publications is capable of correlating with you, using such means as server-logs and cookie-contents.
Personal information does not refer to data that can no longer be associated with you. This includes aggregated data that does not and cannot identify the individuals whose data are included in the aggregation.
Consent means your concurrence with an action to be taken by Jack Sim Publications. Consent may be express or implicit, but in either case must be informed and freely-given.
COPYRIGHT NOTICE
This document is at http://www.anu.edu.au/people/Roger.Clarke/DV/CNotice-PST.html
