Privacy & Confidentiality Policy
blacksun.photography is committed to maintaining the privacy and confidentiality
of its personnel and client records. blacksun.photography complies with the Privacy
Act 1988 including the 13 Australian Privacy Principles (APPs) as outlined
in the Privacy Amendment (Enhancing Privacy Protection) Act 2012.
As a component of our risk management practices, blacksun.photography has conducted
a privacy review for all operations. Mitigation actions from this risk assessment
have been implemented for the management of privacy risks at each stage of the information
lifecycle, including collection, use, disclosure, storage, destruction and de-identification.
Providing an overall framework for our privacy practices, blacksun.photography has
blacksun.photography manages personal information in an open and transparent way.
This is evident in the implementation of practices, procedures and system we outline
in this policy, that ensure our compliance with the APPs and any binding registered
APP code, and provide suitable procedures for blacksun.photography personnel to
be able to deal with related inquiries and complaints that may be received from
time to time.
The following sections of this policy outline how we manage personal information.
Australian Privacy Principle 1 – Open and transparent management of personal
Purposes for information collection, retention, use and disclosure
blacksun.photography retains a record of personal information about all individuals
with whom we undertake any form of business activity. blacksun.photography must
collect, hold, use and disclose information from our clients for a range of purposes,
including but not limited to:
- Providing products to clients;
- Conducting internal business functions and activities;
Kinds of personal information collected and held
The following types of personal information are collected:
- Name and address;
- Contact details;
- Credit Card details.
How personal information is collected
blacksun.photography's usual approach to collecting personal information is to collect
any required information directly from the individuals concerned. This includes
the use of web based systems.
How personal information is held
blacksun.photography's usual approach to holding personal information includes robust
storage and security measures at all times. Information on collection is:
- Stored in secure, password protected systems; and
- Monitored for appropriate authorised use at all times.
Only authorised personnel are provided with login information to each system, with
system access limited to only those relevant to their specific role. blacksun.photography
ICT systems are hosted in a secure cloud based environment with Studio Coast, with
robust internal security to physical server locations and server systems access.
Virus protection, backup procedures and ongoing access monitoring procedures are
Destruction of paper based records occurs as soon as practicable in every matter.
Retention and Destruction of Information
blacksun.photography undertakes secure destruction of personal information records
as soon as possible after required use and storage periods have ended.
Accessing and seeking correction of personal information
blacksun.photography confirms all individuals have a right to request access to
their personal information held and to request its correction at any time. In order
to request access to personal records, individuals are to make contact with:
0448 117 915
A number of third parties, other than the individual, may request access to an individual’s
In all cases where access is requested, blacksun.photography will ensure that:
- Parties requesting access to personal information are robustly identified and vetted;
- Where legally possible, the individual to whom the information relates will be contacted
to confirm consent (if consent not previously provided for the matter); and
- Only appropriately authorised parties, for valid purposes, will be provided access
to the information.
Complaints about a breach of the APPs or a binding registered APP code
If an individual feels that blacksun.photography may have breached one of the APPs
or a binding registered APP, see Privacy Complaints Procedure below for
Likely overseas disclosures
blacksun.photography confirms that individuals' personal information is not disclosed
to overseas recipients.
all information being publicly available from the Privacy link on our website at
on request, as soon as possible after the request is received, including in any
particular format requested by the individual as is reasonably practical.
particular format requested by an individual, we will explain the circumstances
around this issue with the requester and seek to ensure that another appropriate
method is provided.
- On an ongoing basis, as suggestions or issues are raised and addressed, or as government
required changes are identified;
- Through our internal audit processes on at least an annual basis; and
- As a component of each and every complaint investigation process where the compliant
is related to a privacy matter.
Where this policy is updated, changes to the policy are widely communicated to stakeholders
through internal personnel communications, meetings, training and documentation,
and externally through publishing of the policy on blacksun.photography's website
and other relevant documentation for clients.
Australian Privacy Principle 2 – Anonymity and pseudonymity
blacksun.photography provides individuals with the option of not identifying themselves,
or of using a pseudonym, when dealing with us in relation to a particular matter,
whenever practical. This includes providing options for anonymous dealings in cases
of general course enquiries or other situations in which an individuals’ information
is not required to complete a request.
Individuals may deal with us by using a name, term or descriptor that is different
to the individual’s actual name wherever possible. This includes using generic
email addresses that does not contain an individual’s actual name, or generic
user names when individuals may access a public component of our website or enquiry
blacksun.photography only stores and links pseudonyms to individual personal information
in cases where this is required for service delivery or once the individual’s
consent has been received.
Individuals are advised of their opportunity to deal anonymously or by pseudonym
with us where these options are possible.
blacksun.photography must require and confirm identification however in supporting
our clients’ service delivery to individuals.
There are also other occasions within our service delivery where an individual may
not have the option of dealing anonymously or by pseudonym, as identification is
practically required for us to effectively support an individual’s request
Australian Privacy Principle 3 — Collection of solicited personal information
blacksun.photography only collects personal information that is reasonably necessary
for our business activities.
We only collect sensitive information in cases where the individual consents to
the sensitive information being collected, except in cases where we are required
to collect this information by law, such as outlined earlier in this policy.
All information we collect is collected only by lawful and fair means.
We only collect solicited information directly from the individual concerned, unless
it is unreasonable or impracticable for the personal information to only be collected
in this manner.
Australian Privacy Principle 4 – Dealing with unsolicited personal information
blacksun.photography may from time to time receive unsolicited personal information.
Where this occurs we promptly review the information to decide whether or not we
could have collected the information for the purpose of our business activities.
Where this is the case, we may hold, use and disclose the information appropriately
as per the practices outlined in this policy.
Where we could not have collected this information (by law or for a valid business
purpose) we immediately destroy or de-identify the information (unless it would
be unlawful to do so).
Australian Privacy Principle 5 – Notification of the collection of personal
Whenever blacksun.photography collects personal information about an individual,
we take reasonable steps to notify the individual of the details of the information
collection or otherwise ensure the individual is aware of those matters. This notification
occurs at or before the time of collection, or as soon as practicable afterwards.
Our notifications to individuals on data collection include:
- blacksun.photography's identity and contact details, including the position title,
telephone number and email address of a contact who handles enquiries and requests
relating to privacy matters;
- The facts and circumstances of collection such as the date, time, place and method
- If the collection is required or authorised by law, including the name of the Australian
law or other legal agreement requiring the collection;
- The purpose of collection, including any primary and secondary purposes;
- The consequences for the individual if all or some personal information is not collected;
- Other organisations or persons to which the information is usually disclosed, including
naming those parties;
may access and seek correction of the personal information held by us; and how to
complain about a breach of the APPs, or any registered APP code, and how we will
deal with such a complaint.
Where possible, we ensure that the individual confirms their understanding of these
details, such as through website form acceptance of details.
Collection from third parties
Where blacksun.photography collects personal information from another organisation,
- Confirm whether the other organisation has provided the relevant notice above to
the individual; or
- Whether the individual was otherwise aware of these details at the time of collection;
- If this has not occurred, we will undertake this notice to ensure the individual
is fully informed of the information collection.
Australian Privacy Principle 6 – Use or disclosure of personal information
blacksun.photography only uses or discloses personal information it holds about
an individual for the particular primary purposes for which the information was
collected, or secondary purposes in cases where:
- An individual consented to a secondary use or disclosure;
- An individual would reasonably expect the secondary use or disclosure, and that
is directly related to the primary purpose of collection; or
- Using or disclosing the information is required or authorised by law.
Requirement to make a written note of use or disclosure for this secondary purpose
If blacksun.photography uses or discloses personal information in accordance with
an ‘enforcement related activity’ we will make a written note of the
use or disclosure, including the following details:
- The date of the use or disclosure;
- Details of the personal information that was used or disclosed;
- The enforcement body conducting the enforcement related activity;
- If the organisation used the information, how the information was used by the organisation;
- The basis for our reasonable belief that we were required to disclose the information.
Australian Privacy Principle 7 – Direct marketing
blacksun.photography does not use or disclose the personal information that it holds
about an individual for the purpose of direct marketing, unless:
- The personal information has been collected directly from an individual, and the
individual would reasonably expect their personal information to be used for the
purpose of direct marketing; or
- The personal information has been collected from a third party, or from the individual
directly, but the individual does not have a reasonable expectation that their personal
information will be used for the purpose of direct marketing; and
- We provide a simple method for the individual to request not to receive direct marketing
communications (also known as ‘opting out’).
On each of our direct marketing communications, blacksun.photography provides a
prominent statement that the individual may request to opt out of future communications,
and how to do so.
An individual may also request us at any stage not to use or disclose their personal
information for the purpose of direct marketing, or to facilitate direct marketing
by other organisations. We comply with any request by an individual promptly and
undertake any required actions for free.
We also, on request, notify an individual of our source of their personal information
used or disclosed for the purpose of direct marketing unless it is unreasonable
or impracticable to do so.
Australian Privacy Principle 8 – Cross-border disclosure of personal information
blacksun.photography does not disclose personal information about an individual
to any overseas recipient.
Australian Privacy Principle 9 – Adoption, use or disclosure of government related
blacksun.photography does not adopt, use or disclose a government related identifier
related to an individual except:
- In situations required by Australian law or other legal requirements;
- Where reasonably necessary to fulfil obligations to an agency or a State or Territory
- As prescribed by regulations.
Australian Privacy Principle 10 – Quality of personal information
blacksun.photography takes reasonable steps to ensure that the personal information
it collects is accurate, up-to-date and complete. We also take reasonable steps
to ensure that the personal information we use or disclose is, having regard to
the purpose of the use or disclosure, accurate, up-to-date, complete and relevant.
This is particularly important where:
- When we initially collect the personal information; and
- When we use or disclose personal information.
We take steps to ensure personal information is factually correct. In cases of an
opinion, we ensure information takes into account competing facts and views and
makes an informed assessment, providing it is clear this is an opinion. Information
is confirmed up-to-date at the point in time to which the personal information relates.
Quality measures in place supporting these requirements include:
- Internal practices, procedures and systems to audit, monitor, identify and correct
poor quality personal information (including training staff in these practices,
procedures and systems);
- Protocols that ensure personal information is collected and recorded in a consistent
format, from a primary information source when possible;
- Ensuring updated or new personal information is promptly added to relevant existing
- Providing individuals with a simple means to review and update their information
on an on-going basis through our online portal;
- Reminding individuals to update their personal information at critical service delivery
points (such as completion) when we engage with the individual;
- Contacting individuals to verify the quality of personal information where appropriate
when it is about to used or disclosed, particularly if there has been a lengthy
period since collection; and
- Checking that a third party, from whom personal information is collected, has implemented
appropriate data quality practices, procedures and systems.
Australian Privacy Principle 11 — Security of personal information
blacksun.photography takes active measures to consider whether we are able to retain
personal information we hold, and also to ensure the security of personal information
we hold. This includes reasonable steps to protect the information from misuse,
interference and loss, as well as unauthorised access, modification or disclosure.
We destroy or de-identify personal information held once the information is no longer
needed for any purpose for which the information may be legally used or disclosed.
Access to blacksun.photography offices and work areas is limited to our personnel
only - visitors to our premises must be authorised by relevant personnel and are
accompanied at all times. With regard to any information in a paper based form,
we maintain storage of records in an appropriately secure place to which only authorised
individuals have access.
Regular staff training and information bulletins are conducted with blacksun.photography
personnel on privacy issues, and how the APPs apply to our practices, procedures
and systems. Training is also included in our personnel induction practices.
We conduct ongoing internal audits (at least annually and as needed) of the adequacy
and currency of security and access practices, procedures and systems implemented.
Australian Privacy Principle 12 — Access to personal information
Where blacksun.photography holds personal information about an individual, we provide
that individual access to the information on their request. In processing requests,
- Ensure through confirmation of identity that the request is made by the individual
concerned, or by another person who is authorised to make a request on their behalf;
- Respond to a request for access:
- Within 14 calendar days, when notifying our refusal to give access, including providing
reasons for refusal in writing, and the complaint mechanisms available to the individual;
- Within 30 calendar days, by giving access to the personal information that is requested
in the manner in which it was requested.
- Provide information access free of charge.
Australian Privacy Principle 13 – Correction of personal information
blacksun.photography takes reasonable steps to correct personal information we hold,
to ensure it is accurate, up-to-date, complete, relevant and not misleading, having
regard to the purpose for which it is held.
On an individual’s request, we:
- Correct personal information held; and
- Notify any third parties of corrections made to personal information, if this information
was previously provided to these parties.
In cases where we refuse to update personal information, we:
- Give a written notice to the individual, including the reasons for the refusal and
the complaint mechanisms available to the individual;
- Upon request by the individual whose correction request has been refused, take reasonable
steps to associate a statement with the personal information that the individual
believes it to be inaccurate, out-of-date, incomplete, irrelevant or misleading;
- Respond within 14 calendar days to these requests; and
- Complete all actions free of charge.
Correcting at blacksun.photography's initiative
We take reasonable steps to correct personal information we hold in cases where
we are satisfied that the personal information held is inaccurate, out-of-date,
incomplete, irrelevant or misleading (that is, the information is faulty). This
awareness may occur through collection of updated information, in notification from
third parties or through other means.