Mackay Parking Application Privacy

Application

The Mackay Regional Council Application – Mackay Parking (‘the App’) and the services sold on or via the App are created, operated and controlled by Mackay Regional Council (‘MRC’).

This Policy applies to all Users of the App and all services provided under the App. If you do not wish to agree to the terms of this Privacy Policy, MRC are unable to provide you with access to and/or use of the App and its services. You should leave the App platform and not register to access and/or use the App or the services provided under the platform.

The App uses location data to identify a user’s location and allow users to search and navigate to a car park. The App may use location data even when the App is in the background of a user’s mobile device.

By accessing, using and/or continuing to use the App platform and the services made available to you on or via the App, you agree to this Privacy Policy.

Objective

This Privacy Policy outlines how MRC will collect, store, use and disclose your personal information and how you may access your personal information kept by MRC and how you may make a privacy complaint.

Policy Statement

MRC will use its best endeavours to comply with the Information Privacy Act 2009 (Qld) (‘IP Act’) and Right to Information Act 2009 (Qld) (‘RTI Act’).

MRC will collect and store personal and other information you provide to us via the App.

MRC does not approve applications of or established for maintaining accounts for any minor and does not solicit or knowingly collect personal information from minors.

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This process to remain in force until otherwise determined by Mackay Regional Council

Contents

1.0 Principles

MRC will collect personal and non-personal information from you.

Non-personal information is information that does not identify you as an individual, such as your browser type, IP address, device type, operating system version, the year or hour of previous websites you have visited, pages viewed whist browsing our sites, page access times, referring website address, parking location, parking patterns and usage etcetera.

Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

• whether the information or opinion is true or not; and
• whether the information or opinion is recorded in a material form or not.

It is information about and which identifies individuals such as their full name, mailing address, email address, date of birth, telephone numbers, user name and password, other information provided to us or we may collect in the course of your use of the App.

MRC may use cookie technology on the MRC App and gather data for website statistical reporting. Cookie technology does not contain any personal information about you. We may also collect non-personal information that you voluntarily provide such as information included in response to a questionnaire or survey.

The collection, use and disclosure of non-personal information is not subject to the requirements of the IP Act and/or RTI Act.

1.1 Acceptance of Terms
By visiting the App, you are accepting the terms and conditions of this Privacy Policy.

1.2 Collection of Personal Information
MRC will generally collect personal information for the App from individuals via:
(1) customer detail forms;
(2) discussions with customers;
(3) electronic correspondence;
(4) written correspondence;
(5) directly from the App.

We may also collect personal information about you from third parties, e.g. to verify the information you provide, or for protection against fraud.

1.3 Purpose of Collecting Personal Information
MRC collects personal information on the App for the purposes of registering your account, processing your request for services and in the course of conducting MRC’s operational requirements.

MRC’s primary purpose in collecting your personal information is to enable you to use the App and provide you with a safe and efficient experience in using the App, and to generally maintain our relationship with you. The collection of your personal information also assists us in managing the product or service, preventing fraud and other criminal activity, helping us run our business, for accounting, using location data to display user's current location and allow users to search & navigate to a car park with ease avoiding any traffic congestion, risk management, record keeping, archiving, systems development testing, undertaking planning, market or customer satisfaction research, statistical analysis, complying with legislative and regulatory requirements and telling you about our services.

This information is collected and will be used for:-

• providing users with access to or the use of the App, and to correspond with users of the App;
• display user’s current location and allow users to search and navigate to a car park with ease, avoiding any traffic congestion.
• enabling users to plan, find and manage parking via the App;
• providing users with access to location based parking services;
• facilitating the delivery of services to users and assisting with or responding to user enquiries;
• provide general customer support for users of the App;
• informing users about the App and the services offered, including offers, promotions etcetera;
• share with our third party providers;
• administer, improve and manage the App, our relationship with users and services offered via the App;
• charge and bill users to access and use the App and the services made available on the App;
• internal record keeping;
• complying with our legal and regulatory obligations.
  
  
  The App may use analytics to gather anonymous information about visitors, to help us monitor and improve the website.
  
  1.4 Storage of Personal Information
MRC stores personal information collected from the App consisting of:

• paper files; and
• electronic files.
  
  
  1.5 Use of Personal Information
  MRC may use the personal information you provide for a range of different purposes, including using your information to assist MRC to improve or develop its services, or to perform research and analysis.
  
  A number of MRC’s functions are classed as a ‘law enforcement agency’ in accordance with schedule 5 of the IP Act and accordingly, Information Privacy Principles (IPPs) 2, 3, 9, 10 and 11 may not necessarily apply, but only if MRC is satisfied on reasonable grounds in each case that non-compliance with these IPP’s is necessary for the performance of its law enforcement activities.
  
  Generally, the App will not use or disclose personal information collected about you, other than for a purpose:-
  • set out in this Privacy Policy; or
  • for which you would reasonably expect disclosure; or
  • required or permitted by law; or
  • otherwise disclosed to or authorised by you of a purpose associated with MRC’s operations and general business activities.

We may use card authorisation and fraud screening services to verify that your card information, address, matches the information that you supplied to the App and that the card has not been reported as lost or stolen.

If you provide personal information about someone else, we rely on you to inform them that you are providing their personal information to us and advise them that we can be contacted for further information.

You must take reasonable steps to ensure the individual concerned is aware of and consents to this Privacy Policy.

Where requested to do so by us, you must also assist with any request by the individual to access or update the personal information you have collected and provide them to us.

MRC may disclose your information to organisations it owns, underwrites, supports, or has joint ventures with.

MRC may also disclose your information as required or authorised by law, including to law enforcement and national security agencies and other Government and regulatory authorities and to third parties who provide services to it, including organisations and contractors that assist MRC with assessing and awarding community grants. MRC may also disclose your information to third parties who assist MRC market research and/or to manage or develop its operational and corporate strategies.

This includes third party providers such as:-

• related bodies, corporate business partners, service providers, third party contractors, agents or suppliers, hosting companies, web developers, internet service providers, external business advisors, or other authorised external service providers who perform functions on our behalf;
• third party suppliers and providers who provide hosting and marketing services;
• our lawyers, financial advisors, accountants and IT professionals to enable them to perform the services we engage them to do;
• law enforcement bodies or regulatory authorities to assist with their functions;
• as otherwise required or authorised by law.
  
  MRC will take reasonable steps to ensure that contracted services providers are required to comply with the requirements of the IP Act when they are provided with, or collect personal information in order to provide services on MRC’s behalf.
  
  MRC will also use and disclose personal information for a range of administrative, management and operational purposes, including:-
• administering billing and payments and debt recovery;
• quality improvement activities;
• training staff, contractors and other workers;
• risk management and management of legal liabilities and claims. For example, liaising with insurers and legal representatives;
• responding to enquiries and complaints regarding our service;
• obtaining advice from consultants and other professional advisors;
• responding to subpoenas and other legal orders and obligations;
• conducting its activities in accordance with the Local Government Act 2009 (Qld) and Local Government Regulations 2012 (Qld) and Local Laws.

1.6 Accessing personal information held by us about you and seek the correction of it.

You can access any personal information that you give us in accordance with our obligations under the RTI Act and IP Act. MRC will also take reasonable steps to correct and update your personal information or remove it if it is no longer required.

You may apply for access to your personal information held by us and seek the correction of it by submitting a written request to:

Corporate Governance
Mackay Regional Council
PO Box 41
MACKAY QLD 4740

We endeavour to respond to a request within a reasonable period after a request is made.

You will be liable for any costs relating to us providing access to your personal information including, labour costs of our staff, copying and other related costs. Those costs must be paid before access will be permitted.

Unless we are permitted at law to do so, we endeavour not to deny your request for access and/or correction, but if we do deny your request, we endeavour to provide you with a written notice which sets out:

• reason(s) for the refusal (unless we consider it would be unreasonable to provide a reason); and
• mechanisms available to complaint about the refusal.

1.7 Data Breach

Whilst MRC uses its best endeavours to secure the information you provide, no data transmission over the internet or any wireless network can be guaranteed to be a hundred percent secure. MRC cannot ensure or warrant the security of any information you transmit to us and accordingly you do so at your own risk.

In the event of any loss or unauthorised access or disclosure of personal information, that has or is likely to result in serious harm to you, MRC will investigate and take the requisite steps as required by law.

1.8 Disclosure of Overseas Recipient

At this stage, we are not likely to disclose personal information to an overseas recipient.

Personal information collected by the App is hosted in a data centre operated within Australia. If we need to transfer your information overseas to a third party and if for any reason we believe that the overseas third party is not subject to privacy obligations equivalent to those which apply to us, we will seek your consent to transfer the information (except where the IPP’s do not require us to do so). We will transfer an individual’s personal information to someone outside Australia if:

• the individual agrees to the transfer; or
• the transfer is required or authorised by law; or
• MRC is satisfied on reasonable grounds that the transfer is necessary to lessen or prevent a serious threat to the life, health, safety or welfare of an individual, or to public health safety or welfare, or:-
• MRC reasonably believes the recipient is subject to a law, binding scheme or contract that effectively upholds principles for the fair handling of personal information that are substantially similar to the IPP’s under the IP Act;
• the transfer is necessary for the performance of MRC’s functions in relation to the individual;
• the transfer is for the benefit of the individual and it is impracticable to seek their consent, but if it were practicably the individual would likely consent;
• Council has taken reasonable steps to ensure that personal information it transfers will not be held, use or disclosed by the recipient in a way that is inconsistent with the IPP’s.

1.9 Contacts

Contact us if you have any questions or comments in relation to the App Privacy Policy or the way it affects you. Please contact council@mackay.qld.gov.au.

2.0 Complaints

Any complaints in relation to this service will be assessed and managed in accordance with MRC's Administrative Action Complaints Policy, a copy of which can be found on MRC's website.

When an individual feels that they are the subject of MRC's failure to act compatibly with human rights, they can make a complaint directly to MRC. These complaints will be assessed against the Human Rights Act 2019.

Complaints may be made as following:

In writing to
Chief Executive Officer
Mackay Regional Council
PO Box 41
MACKAY QLD 4740

Via Email - complaints@mackay.qld.gov.au

In person at the following Council Client Services Centres:

• MRC Mackay Office – 73 Gordon Street, Mackay
• MRC Sarina Office – 65 Broad Street, Sarina
• MRC Mirani Council Office – 20 Victoria Street, Mirani

3.0 Definitions

To assist with interpretation, the following definitions shall apply:

Council shall mean the Mayor and Councillors of Mackay Regional Council.
Human Rights Complaint shall mean a complaint about an alleged contravention of section 58-1 by a public entity in relation to an act or decision of the public entity.
MRC shall mean Mackay Regional Council.

4.0 Review of Policy

This policy will be reviewed when any of the following occur:

• The related documents are amended or replaced.
• Other circumstances as determined from time to time by the CEO.

Notwithstanding the above, this policy is to be reviewed as required or no more than three (3) years.


5.0 Reference

• Information Privacy Act 2009
• Information Privacy regulation 2009
• Right to Information Act 2009
• Right to Information Regulation 2009
• Council Policy 046 – Information Privacy Policy

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