1. Overview
The Great Escape Charter Company Pty Ltd (The Great Escape) believes privacy is an important right of individuals. The Great Escape takes steps to protect your personal information from misuse and to use your information only in the ways described in this privacy policy and in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and, where applicable, the General Data Protection Regulation (GDPR).
With the exception of Section 3 3, this privacy policy does not apply to personal information collected, or otherwise obtained, by The Great Escape in relation to current and former employees and which relates directly to the employment relationship that exists, or existed, between The Great Escape and its current and former employees.
Terms used in this privacy policy have the same meaning as those in the Privacy Act and the GDPR.
2. Open and transparent management of personal information
We make our privacy policy available on our website located at https://greatescapecruises.com.au/about/privacy-policy/ and we can also provide a hard copy version upon request. If you would like more information, or a hard copy of this privacy policy, please contact us by:
- phone: +61 (8) 9193 5983;
- e-mail: manager@greatescapecruises.com.au; or
- post: Suite 4, 15-17 Dampier Terrace, PO Box 1133, Broome WA 6725.
3. Personal information
Personal information means information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion. We collect and manage personal information for the primary purpose of conducting and supporting our functions or activities, including for the conduct of our cruises or charters in a manner which ensures an unforgettable and a safe experience for our customers.
3.1 Our customers
The personal information which we collect, store, use and disclose about our customers may include:
- your name;
- your age or date of birth;
- your contact details (including emergency contact details such as your next of kin);
- your banking details and/or credit card details;
- your travel details (including travel history and arrival and departure details);
- information of the type referred to in section 3 below; and
- any other personal information provided by you in any correspondence with us or that we collect in the course of our relationship with you.
3.2 Our contractors, service providers, suppliers and employees
For contractors, service providers, suppliers and employees, the personal information which we collect, store, use and disclose may include:
- your name;
- your contact details (including emergency contact details such as your next of kin);
- information contained in resumes;
- educational details, academic and other transcripts, employment history, skills and background checks;
- references from past employers and referees;
- information of the type referred to in section 3 below; and
- personal information required to make payments, such as bank account details.
3.3 Sensitive information
In addition to the types of information set out above, The Great Escape may, in limited circumstances, collect some personal information that is considered ‘sensitive information’ for the purposes of the Privacy Act. The sensitive information which we may collect from you may include information or an opinion about your:
- health, including COVID-19 test results, medical conditions, and dietary requirements;
- vaccination status;
- race or ethnic origin and language group; and
- criminal record.
4. Anonymity and pseudonymity
In most circumstances, it is impractical for people to communicate with us anonymously. We need to identify you to assist you effectively. However, in circumstances where it is lawful and practicable to do so, we will provide you with the option of not identifying yourself, or using a pseudonym, when entering into communications with us.
5. Collection of solicited personal information
We only collect personal information by lawful and fair means where reasonably necessary for our functions or activities as a cruise and charter operator.
We collect personal information which:
- you provide to us in the course of engaging with our business or applying for employment positions at The Great Escape;
- is contained in physical or electronic documents or correspondence that you provide to us;
- you provide to us in the course of updating or changing your details;
- is provided to us by third parties who have disclosed that information to us with your consent or otherwise in accordance with the Privacy Act (and only if it would be unreasonable or impracticable to collect the information directly from you); and
- you provide to us to disclose with your consent to third party service providers for an activity or service in relation to your cruise or charter with The Great Escape.
Subject to certain exceptions under the Privacy Act, we only collect sensitive information about you if you consent to the collection of the information and the information is reasonably necessary for one or more of The Great Escape’s functions or activities. The provision of sensitive information to The Great Escape on a voluntary basis (including, for example, information you supply when seeking to book a cruise or charter with The Great Escape) will be taken to be consent for this purpose.
6. Collection of unsolicited personal information
From time to time, we may receive unsolicited personal information about you. Unsolicited personal information is information we may receive from you which is not in response to a request by us for that information or information that we may receive from you in error.
Where we receive unsolicited personal information about you (either directly from you or from a third party), we will consider, within a reasonable period, whether we could have collected that personal information from you had the personal information been solicited.
Where we determine that we could have collected the unsolicited personal information had it been solicited, we will store, use and disclose that personal information in the manner set out in this privacy policy.
Where we determine that we could not have collected the unsolicited personal information had it been solicited, we will destroy or de-identify that unsolicited personal information as soon as practicable, provided it is lawful and reasonable to do so.
7. Use or disclosure of personal information
We may collect, store (in hard copy or electronic form), use or disclose and otherwise process your personal information for the primary purpose of conducting and supporting our functions or activities as a business. Without limiting the foregoing, we may collect, store, use or disclose your personal information:
- in relation to your use of our services;
- in relation to your employment;
- to address any enquiries, complaints or feedback from you; or
- to do anything The Great Escape is required or authorised by law to do.
Further, we may disclose your personal information to:
- third parties where you have given your consent (express or implied);
- government agencies or other similar entities as required or permitted by law; and
- our professional advisors, contractors or other service providers whom The Great Escape may engage from time to time to carry out, advise or assist with the carrying out of the functions or activities of The Great Escape.
The Great Escape will not use your personal information for a secondary purpose unless:
- you consent to the use or disclosure for that purpose or you would reasonably expect us to use it for a secondary purpose which is related to the primary purpose;
- the use or disclosure is required or authorised by law; or
- the use or disclosure is otherwise permitted by the Privacy Act (for example, as a necessary part of an investigation of suspected unlawful activity).
8. Cross-border disclosure of personal information
We are based in Australia, so your personal information will be processed in Australia. Generally speaking, we do not send your personal information to organisations or persons located overseas.
However, if we do disclose personal information to a third party in a country which does not have equivalent privacy laws to Australia, we will take reasonable steps in the circumstances to ensure that the overseas recipient does not breach the Privacy Act. In particular, we will not send your personal information overseas unless either:
- we reasonably believe that the recipient of the information is subject to a law or binding scheme that has the effect of protecting information in a way that, overall, is at least substantially similar to the way in which the Privacy Act protects personal information and there are mechanisms that you can access to take action to enforce that protection of the law or binding scheme; or
- you have consented to the transfer.
9. Adoption, use or disclosure of government related identifiers
Where we collect your personal information, it will usually be identified by a common identifier, such as your name, address or contact details.
Subject to certain exceptions under the Privacy Act, The Great Escape will not disclose identifiers assigned by Government agencies or their agents, such as tax file and driver’s licence numbers, or use those identifiers to identify your personal information.
10. Direct marketing
Unless you request otherwise, we may also use your personal information for marketing purposes to send you news, information about our activities and general promotional material which we believe may be useful or of interest to you. If you do not want us to use your personal information in this manner, please contact us using the contact details provided above in “Section 2 – Open and transparent management of personal information” and we will give effect to your request as soon as possible.
11. Security of personal information
We take reasonable steps to protect your data from misuse, interference and loss, and from unauthorised access, modification or disclosure.
The Great Escape also takes reasonable steps to destroy or permanently de-identify personal information which is no longer needed for the purposes described in this privacy policy.
12. Cookies and third party websites
We also utilise ‘cookies’ which enable us to monitor traffic patterns and to serve you more efficiently if you revisit our website. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance. If you reject a cookie, some of the parts or features of the website may not function properly.
Our website may also contain advertising or links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. We are not responsible for the collection, use, disclosure or handling of personal information you might supply to these third parties.
13. Access to personal information
Subject to any exceptions in the Privacy Act, if you have provided us with personal information, you have a right to request access to it. If you are of the belief that The Great Escape holds personal information relating to you and you wish to obtain access to this information, please contact us on the details provided above. We may ask you to provide proof of your identity if you request access to or correction of your personal information.
In the event that a request for access is made, we will review our records to determine what personal information relating to you we hold and endeavour to respond to your request within a reasonable period after the request is made, but in any event, within 30 days.
Once we have notified you of the nature of the personal information relating to you which we hold, we will give you access to your personal information in the manner requested by you, if it is reasonable and practicable to do so.
We do not levy a charge in respect of the making of a request for access to personal information held by us. However, we may charge you for the reasonable costs incurred by us in providing you with access to the personal information held by us.
The Privacy Act provides instances where a holder of personal information may refuse to provide an individual with access to their personal information. If we refuse to give you access to your personal information, we will give you a written notice that sets out our reasons for the refusal and the mechanisms available to complain about our refusal.
14. Correction of personal information
The Great Escape takes reasonable steps to keep your personal information as accurate, complete and up-to-date as possible. We make an effort to ensure this data is of high quality, but this relies on the accuracy and frequency of data provided by you.
You can assist us by notifying us if your circumstances change, such as if your name changes.
If we hold personal information about you and you request that we correct the information, we will take reasonable steps to rectify the situation free of charge if we are satisfied that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading. If we refuse to correct your personal information, we will give you a written notice setting out our reasons for the refusal and the mechanisms available to complain about the refusal.
15. Specific rights for EU residents only
In many cases, the control and processing of the personal information of EU residents is subject to the requirements of the GDPR.
If you are a resident of the European Union, then you may have additional rights under the GDPR, including the right to:
- withdraw your consent, where we rely upon it for processing your personal information, at any time;
- ask us to confirm if we are using your personal information;
- ask us to delete your personal information;
- ask us to stop or restrict how we process your personal information;
- subject to certain conditions, ask us to help you move your personal information to other companies; and
- be informed and know about any protections that we have put in place when we are transferring your data overseas.
Some of these rights will apply in very limited circumstances. For example, the right to request the deletion of your personal information, or to stop or restrict its use, is not usually available where it remains necessary for us to retain and use your personal information for the purposes for which it was collected, or where we have a legal obligation to retain or use the information.
16. Complaints, questions or further information
If you wish to make a complaint about a breach of your privacy by The Great Escape, you may contact us using the contact details provided above. All complaints will be investigated by an appropriately qualified representative of The Great Escape. We will endeavour to resolve your complaint as quickly as possible and, in any event, within 30 days. We will notify you of the outcome of the investigation, including how we propose to resolve your complaint and what, if any, corrective measures we will implement.
If you are not satisfied with our handling of your complaint, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC). For more information about doing so, visit https://www.oaic.gov.au/privacy/privacy-complaints/.
17. Changes to privacy policy
The Great Escape reserves the right to amend this privacy policy from time to time. If we do so, the amended privacy policy will be posted as soon as practicable following that amendment on our webpage https://greatescapecruises.com.au/
