We comply with the Australian Privacy Principles and the Privacy Act 1988 (Cth). The Privacy Law governs the way private sector organisations collect, use, keep secure and disclose personal information (as defined in Section 1).
If you are a resident of the European Union and we collect personal data from you, then we are required to comply with the GDPR (these bolded terms are defined in Section 13).
- how and when we collect personal information and personal data;
- how we use and disclose personal information and personal data;
- how we keep personal information and personal data secure, accurate and up-to-date;
- how you (as an individual) can access and correct your personal information and personal data; and
- how we will facilitate or resolve a privacy complaint.
If you have any concerns or complaints about the manner in which your personal information and personal data has been collected, used, or disclosed by us, we have put in place an effective mechanism and procedure for you to contact us so that we can attempt to resolve
the issue or complaint. Please see Section 12 for further details.
If you have any concerns or questions, please contact us at firstname.lastname@example.org or write to us at 128 Waymouth Street, Adelaide, SA 5000, and our privacy officer will then try to resolve the issue.
We recommend that you keep this information for future reference.
1. What is personal information?
“Personal information” means any 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.
2. The kinds of personal information or personal data collected, used and disclosed by Y Suites
We will only use or disclose your personal information or personal data for the primary purposes for which it was collected or as consented to by you. At or around the time we collect personal information or personal data from you, we will endeavour to provide you with a notice which details how we will use and disclose that specific information.
We set out some common collection, use, and disclosure instances in the table on pages 3 – 7 in Privacy-Policy.
3. How Y Suites collects and holds personal information or personal data
3.1 Collection generally
When you engage in certain activities, such as by submitting an online enquiry or participating in one of our surveys, we may ask you to provide certain information. It is completely optional for you to engage in these activities.
Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory information or any other information we require in order for us to provide our products or services to you, we may be unable to provide our products or
services to you in an effective manner, or at all.
3.2 Other collection types
We may also collect personal information or personal data about you from other sources, such as referees, government agencies and other third parties. Some examples of these alternative collection events are:
(a) when we collect personal information or personal data about you if we are required to conduct a personal criminal check, credit check or personal referee checks; or
(b) when we collect personal information or personal data about you from publically available sources including but not limited to, court judgments, directorship and bankruptcy searches, Australia Pos, White Pages directory, and social media platforms (such as Facebook, Twitter, Google, Instagram, LinkedIn etc).
3.3 Notification of collection
If we collect details about you from someone else, we will, whenever reasonably possible, make you aware that we have done this and why, unless special circumstances apply, including as described in Items (a) to (d) below.
Generally speaking, we will not tell you when we collect personal information or personal data about you in the following circumstances:
(a) where you are listed as an emergency contact for one of our residents;
(b) where information is collected from any personal referee you have listed on
any application form (including any employment application) with Y Suites;
(c) where information is collected from publicly available sources including but not limited to court judgments, directorship and bankruptcy searches, social media platforms (such as Facebook, Twitter, Google, Instagram etc); or
(d) as otherwise required or authorised by law.
3.4 Unsolicited personal information or personal data
In the event, we collect personal information or personal data from you, or a third party, in circumstances where we have not requested or solicited that information (known as unsolicited information), and it is determined by Y Suites (in its absolute discretion) that the personal information or personal data is not required, we will destroy the information or ensure that the information is de-identified.
In the event that the unsolicited personal information or personal data collected is in relation to potential future employment with Y Suites, such as your CV, resume or candidacy related information, and it is determined by Y Suites (in its absolute discretion) that it may consider you for potential future employment, Y Suites may keep the personal information or personal data on its human resource records.
3.5 How we hold your personal information or personal data
Once we collect your personal information or personal data, we will either hold it securely and store it on infrastructure owned or controlled by us, or (as permitted under Australian law) with a third party service provider who has taken reasonable steps to ensure it complies with the Privacy Act 1988 (Cth).
We provide more general information on our security measures in Section 10 (Data security and quality).
3.6 Cookies and IP addresses
If you use our website, we may utilise ” ” (including through Google
Analytics) which enable us to monitor traffic patterns, trends and to serve you more efficiently if you revisit our website. In most cases, a cookie does not identify you personally but may identify your internet service provider or computer.
We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally.
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. However, if you disable cookies, you may not be able to access certain areas of our websites or take advantage of the improved web site experience that cookies offer.
4. Uses and disclosures of personal information or personal data
4.1 Use and disclosure details
We provide a detailed list at Section 2 of some common uses and disclosures we make regarding the personal information or personal data we collect.
4.2 Other uses and disclosures
We may also use or disclose your personal information or personal data and in doing so we are not required to seek your additional consent:
(a) when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information or personal data to be used or disclosed for such a purpose;
(b) if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health or safety or to lessen or prevent a threat to public health or safety;
(c) if we have reason to suspect that unlawful activity has been, or is being, engaged in; or
(d) if it is required or authorised by law.
4.3 Use and disclosure procedures
4.4 Communications opt-out
5. Sensitive information
5.1 Sensitive information generally
Sensitive information is a subset of personal information or personal data. It means information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information about an
individual, genetic information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates.
5.2 Collection and use of sensitive information
Given the nature of our business, we do require the collection of some sensitive information if you wish to utilise our services or apply for employment with us.
However, we attempt to limit the collection of sensitive information we may collect from you, and we do not collect sensitive information from you without your consent.
The type of sensitive information we may collect about you is dependent on the services provided to you by Y Suites and will be limited to the purpose(s) for which it is collected. We set out some types of sensitive information we may collect about you in the “Residents” and “Human resources” sections of the table at Section 2 above.
We do not use sensitive information to send you Direct Marketing Communications (as set out in Section 6 below) without your express consent.
We may collect other types of sensitive information where you have consented and agree to the collection of such information. Generally speaking, we will obtain this type of consent from you at (or around) the point in time in which we collect the information.
6. Direct Marketing
6.1 Express informed consent
You give your express and informed consent to us using your personal information or personal data set out in:
(a) the “Enquiries about investment and sales” section; and
(b) the “Marketing, testimonials, surveys and competitions” section,
of the table at Section 2 of this document above to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) which we consider may be of interest to you, whether by post, email or SMS (Direct Marketing Communications).
6.2 Inferred consent and reasonable expectations of direct marketing
Without limitation to paragraph 6.1, if you have provided inferred or implied consent (e.g. not opting out where an opt-out opportunity has been provided to you) or if it is within your reasonable expectation that we send you Direct Marketing Communications given the transaction or communication you have had with us, then we may also use your personal information or personal data for the purpose of sending you Direct Marketing Communications which we consider may be of interest to you.
If at any time you do not wish to receive any further Direct Marketing Communications from us or others under this Section 6, you may ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose. You may do this at any time by using the “unsubscribe” facility included in the Direct Marketing Communication or by contacting us via the details set out at the top of this document.
7. Credit Information and our Credit Reporting Policy
7.1 Credit information generally
Privacy Law regulates the use and disclosure of credit information, which applies in relation to the provision of both consumer credit and commercial credit.
7.2 Credit information and Y Suites
We are considered a credit provider under Privacy Law in relation to any credit we may provide you (in relation to the payment of your account with us).
We use credit related information for the purposes set out in the “Enquiries about “Residents” and “investment and sales” sections of the table at Section 2 above, which includes but is not limited to using the information for our own internal assessment of your credit worthiness.
7.3 Storage and access
We will store any credit information you provide us, or which we obtain about you, with any other personal information or personal data we may hold about you.
You may request to access or correct your credit information in accordance with the provisions of Section 11.
Please see Section 12 if you wish to make a complaint in relation to our handling of your credit information.
7.5 Our Credit Reporting Policy
Please see our Credit Reporting Policy for further information as to the manner in which we collect, use, store and disclosure credit information.
8. Anonymity and pseudo-anonymity
Our general practice is not to permit individuals to deal with us on an anonymous basis or through the use of a pseudonym. Generally, your personal information or personal data is required in order to provide you with our products and services or to resolve any issue you may have.
9. Cross Border Disclosure
9.1 Cross border disclosures
Any personal information or personal data collected and held by Y Suites in Australia may be disclosed or transferred to, and held at, a destination outside Australia (as the case may be), including but not limited to Australia where we also operate, and Singapore where we utilise third party service providers to assist Y Suites with providing our goods and services to you.
Personal information or personal data may also be processed by staff or by other third parties operating outside Australia who work for us or for one of our suppliers, contractors or agents.
As we use service providers and platforms which can be accessed from various countries via an Internet connection, it is not always practicable to know where your information may be held. If your information is stored in this way, disclosures may occur in countries other than those listed above.
In addition we may in the future utilise overseas IT services (including software, platforms and infrastructure), such as data storage facilities or other IT infrastructure.
In such cases, we may own or control such overseas infrastructure or we may have entered into contractual arrangements with third party service providers to assist Y Suites with providing our products and services to you.
9.2 Provision of informed consent
By submitting your personal information or personal data to Y Suites, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information or personal data outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia relation to personal information or
Where the Australian Privacy Law applies, the Privacy Act 1988 requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your personal information or personal data outside of Australia do not breach the privacy principles contained within the Privacy Act 1988. By providing your consent, under the Privacy Act 1988, we are not required to take such steps as may be
9.3 If you do not consent
If you do not agree to the disclosure of your personal information or personal data outside Australia by Y Suites, you should (after being informed of the cross border disclosure) tell Y Suites that you do not consent. To do this, either elect not to submit the personal information or personal data to Y Suites after being reasonably informed in a collection notification or please contact us via the details set out at the top of this document.
10. Data security and quality
10.1 Y Suites’ general security
We have taken steps to help secure and protect your personal information or personal data from unauthorised access, use, disclosure, alteration, or destruction. You will appreciate, however, that we cannot guarantee the security of all transmissions or personal information or personal data, especially where human error is involved or malicious activity by a third party.
Notwithstanding the above, we will take reasonable steps to:
(a) make sure that the personal information or personal data we collect, use or disclose is accurate, complete and up to date;
(b) restrict the number of staff who have access to your personal information or personal data on a “need to know” basis;
(c) protect your personal information or personal data from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and
(d) destroy or permanently de-identify personal information or personal data if it is no longer needed for its purpose of collection.
The accuracy of personal information or personal data depends largely on the information you provide to us, so we recommend that you:
(a) let us know if there are any errors in your personal information or personal data; and
(b) keep us up-to-date with changes to your personal information or personal data (such as your name or address).
We provide information about how you can access and correct your information in Section 11.
11. Access to and correction of your personal information or personal data
You are entitled to have access to any personal information or personal data relatingto you which we hold, except in some exceptional circumstances provided by law (including under Privacy Law). You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading.
If you would like access to or correct any records of personal information or personal data we have about you, you are able to access and update that information (subject to the above) by contacting us via the details set out at the top of this document.
12. Resolving Privacy Complaints
12.1 Complaints generally
We have put in place an effective mechanism and procedure to resolve privacy complaints. We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision (if any decision is required to be made) is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision.
12.2 Contacting Y Suites regarding complaints
If you have any concerns or complaints about the manner in which we have collected, used or disclosed and stored your personal information or personal data, please contact us:
Address: 128 Waymouth Street, Adelaide, SA 5000
Please mark your correspondence to the attention of the Privacy Officer.
12.3 Steps we take to resolve a complaint
In order to resolve a complaint, we:
(a) will liaise with you to identify and define the nature and cause of the complaint;
(b) may request that you provide the details of the complaint in writing;
(c) will keep you informed of the likely time within which we will respond to your complaint; and
(d) will inform you of the legislative basis (if any) of our decision in resolving such complaint.
12.4 Register of complaints
We will keep a record of the complaint and any action taken in a Register of Complaints.
If you are a resident of the European Union for the purposes of the GDPR, then the additional provisions in this section 13 also apply to you.
In providing our products and services, or collecting and using your personal data, we are required to comply with the GDPR if you are a European Union resident.
In this Section 13, the following defined terms have the associated meanings:
(a) data subject has the meaning given to that term in the GDPR.
(b) GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC; and
(c) personal data has the meaning given to that term in the GDPR.
More generally (and without limiting the definition in the GDPR), it means any information relating to an identified or identifiable natural person (i.e. by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person).of the data subjects whose data is processed for the purposes of the provision of our student accommodation and support services.
13.3 GDPR obligations
Under the GDPR, Y Suites is considered a “data controller” in the provision of its student accommodation services to you, and as such determines the purposes and means for processing of personal data.
In its role as the “data controller”, Y Suites has implemented appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with the GDPR.
In addition to your rights of access and correction as set out above, as a data subject you may:
(a) (access) request access to your personal data held by Y Suites;
(b) (rectification) request to update or rectify any of the personal data that we hold about you by contacting us at the details specified above and request personal data updates;
(c) (erasure) withdraw your consent to Y Suites’ use of your personal data as described in this policy by deletion or erasure of your personal data that we hold where that data is no longer required for the purpose for which it was collected;
(d) (restriction on processing) obtain from Y Suites a restriction on processing of your personal data where:
(1) accuracy of the personal data is contested;
(2) the processing by the controller is unlawful (and you oppose erasure
but request restriction of use);
(3) Y Suites no longer needs your personal data; or
(4) you have objected to processing pursuant to your right to object under Article 21(1) of the GDPR;
(e) (data portability) request that Y Suites:
(1) provides you with a copy of the personal data that Y Suites hold
about you in a portable, machine readable form; or
(2) share your personal data with a nominated third party.
13.4 Exercising your Data Subject rights
If you wish to exercise any of your data subject rights, please send your request in writing to our Privacy Officer using the contact details in section 12.2.
We will process your request promptly and in any event, usually within one month of receipt of receiving it.
If you have any concerns in relation to Y Suites’ collection or processing of your personal data, then you also have a right to complain to the relevant supervisory authority (within the meaning of the GDPR).
14. Consent, modifications and updates
14.1 Interaction of this Policy with contracts
(a) certain sections or paragraphs in this policy are incorporated into that contract, but in such a way that they do not give rise to contractual obligations onto Y Suites, but do create contractual obligations on the other party to the contract;
(b) the consents provided in this policy become contractual terms provided by the other party to the contract.
14.3 Modifications and updates