Stay Upright Pty Ltd (collectively, “Stay Upright”, “we”, “us”), are committed to respecting your privacy. This document explains our policy for dealing with your personal information which:
- you provide us through the website www.stayupright.com.au (“Website”) or any other form of communication with us (whether as a client, visitor to our Website, job applicant or other member of the public); and/or
- we have collected from a third party or other source.
Application of Privacy Laws
Stay Upright is bound by the Privacy Act 1988 (Cth) including the Australian Privacy Principles (as amended or replaced from time to time) and other laws which protect privacy. Certain acts or practices of Stay Upright are exempt from these laws, for example in relation to:
- employee records; and
- communications between related bodies corporate (where the related bodies corporate are located in Australia).
What is Personal Information?
Personal information is 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 material form or not. Examples of personal information include your name, address, telephone number and email address, or more complex information like a resume or information about your use of our services.
Sensitive information is a subset of personal information and is defined as information or an opinion about your racial or ethnic origin, political opinions, membership of a political association, 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, genetic information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates. We will take reasonable steps to ensure that we only collect sensitive information that is relevant for the required purpose of collection and does not unreasonably intrude on your personal affairs.
How does Stay Upright collect your Personal Information?
We collect personal information that is necessary for our business activities and in order to provide and develop our services. We may do this in a number of ways, including:
- directly from you, when you provide it to us or our agents or contractors.
- from publicly available resources.
- by analysing our own records of your use of our services and Website.
For example, we may collect personal information:
- when you request, or in the course of us providing, motorcycle training services or other associated services.
- when considering requests for sponsorship.
- when you seek employment with Stay Upright (e.g., via our vacancies page or on seek.com.au).
- about your access and use of our Website, including through the use of Internet cookies; and
- that you otherwise provide via www.stayupright.com.au (e.g., in an online profile, electronic form, email or survey).
The type of personal information we collect may include your name, professional and contact details, information relating to dealings with us or our clients, interests and preferences in relation to our services and, in the case of job applicants, information about your education and employment history.
We may also collect sensitive information about you, including health information.
If we are not provided with personal information that we request, we may not be able to meet your request, provide our services to you or, in the case of job applicants, consider your eligibility for employment with us.
Use of Personal Information
We may use the personal information we collect for a number of purposes connected with our business operations, including:
- to verify your identity.
- to contact you.
- to meet your or your company’s requests.
- to provide our services to you.
- to obtain your products and services.
- to assess your job application.
- to maintain our relationships with you and others.
- for analytics, market research and business development, including to operate and improve our Website, associated applications and associated social media platforms.
- for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you.
- for research, planning, service development, security or risk management; and
- where a third party acquires or wishes to acquire, or makes inquiries in relation to acquiring, an interest in Stay Upright.
We may also use your personal information for employee recruitment and assessment purposes.
Your personal information may also be used by us for purposes related to those described above which would reasonably be expected by you, but we will not otherwise use your personal information unless you have consented (e.g., where you consent to receive marketing materials) or as required by or permitted by Australian law (including for public health reasons (e.g., contact tracing) or safety or law enforcement reasons).
Disclosure of Personal Information
We may share your personal information where required or permitted by Australian law. We may also share your personal information with third parties including:
- our clients.
- our correspondent offices overseas.
- your employer or place of business; and
- your professional advisers and organisations with whom we have co-promotional arrangements (and third parties used in administering those arrangements).
We may also share your personal information with our related companies, business partners and others engaged in providing us with services where reasonably required, including organisations that assist us by providing archival, auditing, professional advisory (including legal, accounting, financial and business consulting), mail house, delivery, technology, website, research, banking, payment, customer contact, data processing, insurance and security services.
If submitting an employment application, in certain circumstances you may be required to complete a pre-employment health questionnaire. You may also be asked to undergo a pre-employment medical assessment. In that case, Stay Upright will disclose your questionnaire to its service providers for the purposes of arranging the medical assessment and for the relevant service providers to disclose the results of the assessment to Stay Upright. Stay Upright may also disclose the information contained in your application to contracted service providers for purposes such as screening, aptitude testing, medical testing and human resource management activities.
We may also share your personal information with your listed emergency contact if we believe in good faith that the disclosure is required by law, is requested by law enforcement officials, or to protect the safety of you, other customers, employees or Stay Upright’s property. In the case of a medical emergency requiring treatment, we may also contact your emergency contact to let them know your whereabouts.
We may disclose your Personal Information to Transport for NSW (TfNSW), VicRoads, Department of Transport & Main Roads, Roads & Traffic Authority (ACT) (collectively, “the Licensing Authorities”), to advise the Licensing Authorities that you have undertaken rider training and testing, and our observations and outcomes. The Licensing Authorities may use and disclose that Personal Information in connection with driver licensing and road safety purposes.
Accessing and Updating Personal Information
Individuals have a right to request access to, or correction of, their personal information. If you wish to seek access to or to request correction of any personal information we hold about you, please contact us using the ‘contact details’ set out below. We request that you provide us with as much detail as possible about the particular information sought, in order to help us retrieve it. A reasonable access fee may be charged to cover our costs of providing that information.
We take reasonable steps to make sure that the personal information we collect, hold, use and disclose is accurate, complete and up to date. To ensure your personal information held by us is accurate, if you become aware that such information is incorrect or out of date, please contact us to request that the information be updated.
Security of Personal Information
Irrespective of whether personal information is stored electronically or in hard copy form, we will take reasonable steps to protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure. Please be aware that no internet communication is ever entirely secure or protected.
Examples of reasonable steps we take to protect the information we hold may include:
- storing personal information in electronic format on secure servers or lockable cabinets if in hardcopy format.
- restricting the number of employees internally who can access such personal information; and
- employing password protection to electronic files containing personal information.
We will only retain your information as long as necessary for a permitted purpose, unless otherwise required by law.
If you are concerned that we have not complied with your legal rights or applicable privacy laws, you may bring a complaint internally through our complaints process or you may decide to make a formal complaint with the Office of the Australian Information Commissioner (www.oaic.gov.au) (which is the regulator responsible for privacy in Australia).
We will deal with complaints as follows:
Step 1: Let us know
- If you would like to make a complaint, you should let us know by contacting our Privacy Officer using the Contact Details set out below.
- A response will be provided within a reasonable period.
Step 2: Investigation of complaint
- Your complaint will be investigated by our Privacy Officer.
- A response to your complaint will be provided in writing within a reasonable period.
Step 3: Contact OAIC
We expect our procedures will deal fairly and promptly with your complaint. However, if you remain dissatisfied, you can also contact the Office of the Australian Information Commissioner as follows:
Office of the Australian Information Commissioner (OAIC)
Complaints must be made in writing.
Phone: 1300 363 992
Director of Compliance
Office of the Australian
GPO Box 5218
Sydney NSW 2001
Our website and electronic communications
If you visit the Website to read, browse or download information, our system may record information such as the date and time of your visit to the Website, the pages accessed, and any information downloaded. This information is used for statistical, reporting and website administration and maintenance purposes only.
The Website may contain links to other third-party sites. We are not responsible for the privacy practices or policies of those sites – you should check their own privacy policies before providing your personal information.
If you have any questions or feedback about privacy, or the way in which we handle your personal information (including whether and what type of health information we hold about you), you may contact us at:
Stay Upright Pty Ltd
Unit 1/ T1 Building
16 Lexington Drive
Baulkham Hills NSW 2153
Attn: Privacy Officer
Phone 02 8824 9980
Last updated: 22 August 2019