1. Who are we?
Delaware North Companies Australia and New Zealand is part of the international Delaware North Group, with affiliated companies and operations all around the world.
2. Your authority
Personal Information has the meaning given under the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth) including the Australian Privacy Principles and any amendments to the Privacy Act or Australian Privacy Principles from time to time.
Related Entities has the same meaning as under the Corporations Act 2001 (Cth).
Sensitive Information has the same meaning as under the Privacy Act.
Services means the services provided by us, including hospitality and food service management, resort management and travel hospitality services.
Social Networking Sites means the social networking sites operated or utilised by us, including Facebook, YouTube and Twitter.
Website means all websites operated or utilised by us, including (without limitation)
The meaning of any general language is not restricted by any accompanying example and the words ‘includes’, ‘including’, ‘such as’, ‘for example’ or similar words are not words of limitation.
4. What Personal Information do we collect and why do we need it?
To provide you with our Services, we need to collect Personal Information. If we do not do so or if the information is incomplete or inaccurate, we may not be able to provide our Services or the standard and quality of those Services may be compromised.
Depending on the nature of the Services we provide to you, the Personal Information we collect may include:
- Your name, email address, telephone numbers and address;
- Sensitive Information, for example, if you advise us of any allergies, disabilities or medical issues;
- Information you provide when you apply for a position with us;
- Bank and credit card details (including expiry dates);
- Information on your employer or a professional group to which you belong (e.g. you may disclose that to obtain a discount available to members of that group);
- Details of family members (e.g. if they are travelling with you);
- Your username and password if you register on our Website; and
- Information you provide if you book a special package at one of our Resorts (e.g. a wedding, honeymoon, couples or ‘babymoon’ package).
5. How do we collect the Personal Information?
We aim to collect Personal Information directly from you. Generally this occurs when you complete a form, make inquiries or book with us. We may also collect Personal Information:
- From other members of the Delaware North Group;
- From our service providers, including travel agents;
- From debt collection agencies if you default in a payment to us;
- Through our Website and other Social Networking Sites;
- From third parties;
- From publicly available sources of information;
- When we are required to do so by law; or
- When you enter a competition or promotion with us, participate in a survey or register to receive information on us or any of our Services.
If at any time you supply Personal Information to us about any other person (e.g. another person travelling with you or a photo you post on a Social Networking Site), you represent and we accept that information on the basis that you are authorised to do so and that the relevant person has consented to the disclosure to us.
5.2 Our Website
We collect aggregate information about you and your use of our Website whenever you visit us online. This includes various forms of ‘click stream’ information, e.g. entry and exit points for our Website, your IP address, site traffic statistics, page views, impressions, operating system and browser type.
We also use third-party software that tracks access to our Website from affiliated websites and purchases that result from this access. This aggregate information generally will not identify you.
We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all aggregate information that does not contain Personal Information.
5.3 Job applications
If you apply online for a position with us, we will collect Personal Information from your resume, accompanying application documentation and during any other parts of the recruitment process.
The Personal Information will be used only for considering your application for the posted position (or other relevant positions). If you are successful, the information you provide (including Personal Information) will form part of your employment records.
5.4 CCTV and other imaging
For security purposes we have CCTV cameras in some of our locations and your image may be recorded. By entering one of these locations, you consent to us recording your image.
6. How do we use your Personal Information?
- Process your inquiries;
- Provide our Services or services of third parties we are providing through a third party;
- Comply with our contractual and other legal obligations;
- Process payments;
- Process an application for a position with us;
- Respond to medical emergencies;
- Develop and improve our Services;
- Protect and enforce our legal rights;
- Protect and defend our, or our employees, user’s and client’s rights or property including against fraudulent or unlawful use of our Website or Social Networking Sites;
- To create a convenient and easy-to-use online reservation service or shopping process including an online ‘shopping cart’ that allows you to track selected services or products and proceed through purchase; and
- Advise you of additional services or information which may be of interest to you.
7. Disclosing Personal Information
We may disclose your Personal Information to third parties in certain circumstances including:
- If you agree to the disclosure;
- For the purpose for which it was collected, e.g. to provide you with Services;
- Where you would reasonably be expected to consent to information of that kind being passed to a third party;
- Where disclosure is required or permitted by law, by court order or to investigate suspected fraud or other unlawful activity;
- Where it is required to be disclosed for audit purposes;
- To our Related Entities;
- If disclosure will prevent or lessen a serious or imminent threat to someone’s life or health; or
- Where it is reasonably necessary for the enforcement of the criminal law, a law imposing a pecuniary penalty or for the protection of public revenue.
We do not use Sensitive Information for marketing purposes.
We may use and disclose your Personal Information (other than Sensitive Information) to provide you with information on offers, products and services offered by the Delaware North and its Related Entities. We may also provide you with information on other products and services offered by Delaware North Group, its partners or affiliates.
8.2 Tracking Tools
We use browser-based cookies, users’ IP addresses and other technologies such as ‘pixel tags’, ‘web beacons,’ ‘clear GIFs’ or similar technologies to help us and third parties obtain information about your visits to the Website, deliver online and mobile ads and content for us and others specific to your interests, process your purchases or requests, or to analyse your visiting patterns, measure the effectiveness of our and others’ advertising, monitor traffic patterns on this Website, and to optimize and enhance your online experience on our Website.
You may customize your browser settings to notify you when a cookie is sent or to disable cookies altogether. The ‘Help’ feature on your browser should include instructions on how to make these adjustments.
If you block or otherwise disable cookies, certain features on our site may not function properly and you will not be able to hold selections in a shopping cart when you leave our Website without checking out, or use any services on our Website that require you to sign in. Some of the tracking we have described may continue even if you disable or block cookies.
8.3 Interest-Based Online Ads
From time to time we may engage in interest-based advertising provided by third party vendors to deliver advertisements and personalized content that may be of interest to you. Ads may be delivered to you based on your online or mobile behaviour (on our and other websites), your search activity, your geographic location or other information, not on the basis of the Personal Information you have provided to us. For example, if you make a reservation on one of our Websites, you may later see our ad on another website or on mobile platforms. You may also see third-party ads on this Website, other websites, or mobile apps, based on your visits to and activities on this Website, other websites and mobile apps.
More information on interest-based advertising and opting out is available at http://www.aboutads.info/
8.4 Opting out
If at any time you no longer wish to receive any additional marketing or survey material from us or do not want your information disclosed for direct marketing or survey purposes, contact our Privacy Officer and we will remove your details from our marketing database.
9. Disclosure of Personal Information off-shore
As we are an international organisation, Personal Information you provide to us may be stored on Delaware North servers in countries other than Australia including without limitation United States, Singapore, India, China, New Zealand.
If you access another Delaware North website or a partner or service website (e.g. accommodation bookings, airline) from our Website, you are transferring to another country and to a website over which we have no control and take no responsibility. If you provide Personal Information using another Delaware North website or a service website, you do so subject to the privacy laws (if any) in that jurisdiction.
Similarly, if you request us to assist you with other goods or services, we may disclose your Personal Information to our agents, contractors, service providers and program partners when arranging or making inquiries in respect to those goods or services.
While Delaware North has privacy rules in place to protect your Personal Information, the overseas recipient may not be subject to privacy obligations or to any principles similar to the Australian Privacy Principles. The overseas recipient may also be subject to a foreign law which could compel disclosure of Personal Information to a third party, for example, an overseas authority.
If you consent to the disclosure and the overseas recipient handles the information in breach of the Australian Privacy Principles, you will not be able to seek redress under the Privacy Act, may not be able to seek redress in the overseas jurisdiction and we will not be accountable under the Privacy Act.
By providing us with Personal Information, you consent to us using and disclosing your Personal Information off-shore as referred to above. If at any time you wish to withdraw your consent, contact our Privacy Officer. However, we may not be able to provide the Services you have requested in whole or in part or those Services may be compromised.
10. Considerations when you send information to us electronically
While we do all we reasonably can to protect your Personal Information from misuse, loss, unauthorised access, modification or disclosure, including investing in security software, no data transfer over the internet is 100% secure.
The open nature of the internet is such that information exchanged via the internet may be accessed and used by people other than those for whom the data is intended. If you send us any information, including (without limitation) Personal Information, it is sent at your own risk.
If you access a partner or service website (e.g. hotel, airline) from our website, you do so and provide Personal Information in accordance with the terms and conditions under which the provider of that website operates.
While we are not in a position to give you advice on internet security, if you provide Personal Information to us electronically, there are some things you can do which may help maintain the privacy of your information, including:
- Always closing your browser when you have finished your session;
- Never providing Personal Information when using a public computer; and
- Never disclosing your user name and password to another person.
11. Considerations when you participate in on-line forums
Our Website may have chat rooms, discussion boards, online forums and other interactive technologies that allow individual comments and messages to be tied to a user’s name or e-mail address.
Any information you post in such forums is public information and Delaware North cannot control what uses third parties may make of Personal Information you share in such forums. You should exercise caution before disclosing any Personal Information on on-line forums.
We endeavour to keep our information systems and files secured from unauthorised access. Our procedures to securely store Personal Information include electronic and physical security measures, staff training and use of password protection software.
When the Personal Information we collect is no longer required, we will remove or de-identify the Personal Information as soon as reasonably possible. We may, however, retain Personal Information for as long as is necessary to comply with any applicable law, for the prevention of fraud, for insurance and governance purposes, in our IT back-up, for the collection of any monies owed and to resolve disputes.
13. How you can update, correct, or delete your Personal Information
You may request access to your Personal Information or correct any inaccurate or out of date information by contacting our Privacy Officer using the details below. For security purposes, before we provide you with any Personal Information, we will ask you to provide evidence of your identity.
You may request the source of any information we collect from a third party. We will provide this at no cost, unless under the Privacy Act or other law there is a reason for this information being withheld.
If there is a reason under the Privacy Act or other law for us not to provide you with information, we will give you a written notice of refusal setting out the reasons for the refusal (except to the extent it would be unreasonable or unlawful to do so) and advise you of the mechanisms available to you to complain about the refusal.
15. Contact information
15.1 When to contact us
You should also contact us immediately if you believe:
- Someone has gained access to your Personal Information;
- Your username or password have been compromised (in which case you should also immediately change your password);
- You have a complaint in respect to the way we are dealing with your Personal Information; or
- We have breached our privacy obligations or your privacy rights in any way.
15.2 Contact details
Attention: The Privacy Officer
Mail: Level 2, 630 Church Street, Richmond, Victoria 3121
More information about your rights and our obligations in respect to privacy and information on making a privacy complaint are available from the Office of the Australian Information Commissioner at:
1 These companies include (without limitation) Delaware North Services Pty Ltd, Delaware North Lizard Island Pty Ltd, Delaware North El Questro Pty Ltd, Delaware North Marine Experience Pty Ltd, Delaware North Wilson Island Pty Ltd, Delaware North Heron Island Pty Ltd, Delaware North Property Services Pty Ltd, Delaware North Kings Canyon Pty Ltd, Delaware North Australia Parks & Resorts Pty Ltd, Delaware North Retail Services Pty Ltd, Delaware North Venue Services Pty Ltd, Delaware North Management Services Pty Ltd, Delaware North Food Services Pty Ltd.