The privacy of your personal information is afforded the highest level of importance by The New Daily Pty Ltd (ACN 153 137 243).
We undertake to comply with the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) (Act) regarding the manner in which we handle your personal information and how we respond to your requests to access and correct it.
We are also required to comply with the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) to the extent that we collect the personal information of residents of the European Union.
The New Daily Pty Ltd (ACN 153 137 243) is the data controller for the purposes of the GDPR.
This document sets out our information handling procedures and the rights and obligations that both you and we have in relation to your personal information. We will uphold all relevant legislative requirements.
Collection of Information
We will only collect personal information where it is reasonably necessary to do so for the conduct of our business. The kinds of personal information that we collect and hold may include:
(a) your name and birth date;
(b) your contact information, including postal and residential addresses, telephone and facsimile numbers, and email addresses;
(c) details of your superannuation fund; and
(d) details of your employer
Any collection of personal information by us will be fair and lawful and will not be intrusive. Upon request you will be told the identity of the collecting entity, the purpose of the collection, details on how you can gain access to your personal information and any consequences of failing to give the information.
If it is reasonable and practical do so, we will collect personal information about you only from you. In the course of operating the business, however, it may be necessary to collect personal information from various external sources, including government agencies and other third parties such as advertisers, mailing lists, recruitment agencies, contractors and business partners. You authorise us to collect information from external sources as and when required.
If we collect personal information about you from a third party we will, where appropriate, request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information.
We will not, however, make any such request to any third party in circumstances where it would not be practical to do so.
We may collect and hold other information about you, including:
(a) data relating to your activity on our websites via tracking technologies such as cookies;
(b) the identity of your Internet browser, the type of operating system you use, your IP address and the domain name of your Internet service provider; and
(c) details of any survey responses you provide.
We may use this information for internal purposes, including administering our services, diagnosing problems, generating statistics and trends, and improving the quality of our products and services.
Your information may also be collected by Netratings Australia Pty Ltd via cookies and an online auditing system to assist us in gathering statistical information for the above purposes. Details of the use of your information by Netratings Australia Pty Ltd and how to opt-out are available here.
We will hold personal information as either physical records, records on our servers, and in some cases, records on third party servers, which may be located overseas.
Use and Disclosure of Information
In general, we will collect, hold, use and disclose personal information for the purposes of providing or offering goods and services to you, any purposes that you may reasonably expect, for any other purpose authorised by law, or for any other purposes disclosed to or authorised by you.
This may include disclosures to organisations that provide us with technical and support services, and professional advice, such as solicitors, accountants and business advisors.
By providing us with personal information, you consent to us using your personal information for:
(a) providing you with news and information about our products and services;
(b) purposes necessary or incidental to the provision of our products and services;
(c) sending you marketing and promotional material that we believe you may be interested in, either from any of our related entities or a third party business which we consider may be of interest to you;
(d) personalising your experience with our products and services, for example, via connectivity with social media services;
(e) communicating with you, including by email, mail or telephone; and
(f) conducting competitions or promotions on behalf of us and selected third parties.
Where it is possible, we will use reasonable endeavours to de-identify your personal information before using it for these purposes. We will also, wherever possible, keep all personal information strictly confidential.
If you do not want to receive promotional material from us, please let us know.
A number of laws require the provision of personal information to third parties, including the Corporations Act 2001 (Cth). The precise information required to be provided will vary depending on the circumstances requiring disclosure of that information.
We may also use or disclose personal information about you to avoid, lessen or prevent a serious emergency or crime. If we use or disclose personal information about you in those circumstances we will make a written record of such use or disclosure.
Any disclosure that is required to be made to any third party will be made primarily for the purpose of providing or offering goods and services to you.
If we disclose information to a third party, we generally require that the third party protect your information to the same extent that we do.
Any personal information submitted via our online form may need to be processed by a third party.
By submitting personal information via an online form, you consent to the disclosure of that information to a third party, which may be located overseas, for the sole purpose of processing the online form.
We will take reasonable steps to hold all hard copy and electronic records of your information in a secure manner to ensure that they are protected from misuse, interference and loss, and unauthorised access, modification or disclosure.
We will destroy or de-identify your personal information once it is no longer needed for a valid purpose or required to be kept by law.
Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
In the event that we engage a third party to process personal data on our behalf, we will only do so if that processor has provided us with sufficient guarantees that it will implement appropriate technical, contractual and organisational measures that ensure compliance with the GDPR.
Data Access & Correction
You may request access to your personal information at any time by sending a written request to our Privacy Officer by mail at The New Daily Pty Ltd, Level6, 124 Exhibition Street, Melbourne Vic 3000, or by email to firstname.lastname@example.org.
You do not need to provide a reason for your request. We may charge a small fee for providing access if it requires a significant amount of time to locate or collect your information or to present it in an appropriate form.
In rare circumstances, and only where it is permitted under the Act, we may not be able to provide you with access to your information. For example, we may refuse access where the requested access will have an unreasonable impact upon the privacy of others or where we are required by law to withhold the information.
We will take reasonable steps to ensure that the personal information we collect about you is accurate, up-to-date and complete, and ensure that the personal information we use or disclose is accurate, up-to-date, complete and relevant. If your personal information is out of date or incorrect, you may inform us of this and we will correct it for you.
If we are unable to provide you with access to your information, or make any amendments which you have requested, we will provide you with reasons for our refusal.
Cross-Border Disclosures of Information
We are not likely to disclose your information to overseas recipients. We will only do so where necessary or useful in the course of operating our business, and only with your express consent or otherwise in accordance with the Australian Privacy Principles.
We will not disclose your information outside of Australia in any other circumstances.
We are not likely to disclose the personal information of residents of the European Union outside of the European Union. We will only do so:
(a) where the recipient jurisdiction has been assessed as “adequate” in terms of data protection;
(b) where sufficient safeguards (such as a binding contract or corporate rules) have been put in place; or
(c) where a derogation or exception as listed in the GDPR applies.
Where practicable, we will provide the option for you to deal with us anonymously or under a pseudonym. This option will not be available where we are required or authorised by law to deal with individuals who have identified themselves, or if we need to verify your identity in order to provide products or services to you.
We will manage all data breaches in accordance with the mandatory Notifiable Data Breaches Scheme (NDB Scheme) in Australia, as well as the mandatory notification obligations under the GDPR.
Our Obligations under the NDB Scheme
In accordance with the NDB Scheme, in the event of a suspected data breach we will:
(a) contain the breach and, if possible, take remedial action; and
(b) commence the requisite assessment process to determine whether the data breach is likely to be an “eligible data breach” for the purposes of the NDB Scheme. An “eligible data breach” being one where:
(i) there is unauthorised access to, unauthorised disclosure of, or loss of, personal information held by us;
(ii) the access, disclosure or loss is likely to result in “serious harm” to any of the individuals to whom the information relates. In this context, “serious harm” refers to serious physical, psychological, emotional, financial or reputational harm to an individual or individuals; and
(iii) we have not been able to prevent the likely risk of serious harm with remedial action.
If we have reasonable grounds to believe that an “eligible data breach” has occurred, we will:
(a) prepare a statement to the Office of the Australian Information Commissioner (OAIC) as soon as practicable (OAIC Statement);
(b) notify the individual to whom the information relates as soon as practicable after the statement has been prepared; and
(c) provide that individual with a copy of the OAIC Statement.
If we are unable to locate the individual to whom the eligible data breach relates for the purpose of providing them with a copy of the OAIC Statement, a copy of the OAIC Statement will be posted on our website.
Obligations under the GDPR
In accordance with the GDPR, we will ensure that:
(a) on becoming aware of a personal data breach, we will:
(i) attempt to contain it and assess the potential adverse consequences for individuals involved; and
(ii) if, after conducting an assessment, we consider that:
(A) there is a risk to an individual’s rights and freedoms as a result of the personal data breach, we will report the breach to the competent Supervisory Authority (SA) without undue delay and, where feasible, not later than 72 hours after becoming aware of the breach; and
(B) there is a high risk to an individual’s rights and freedoms as a result of the personal data breach, we will report the breach to the competent SA in accordance with the clause above and notify the individual affected without undue delay.
We will keep a record of all personal data breaches, regardless of whether or not they need to be reported to the SA.
We will not report a personal data breach in the event that, after conducting an assessment, we consider that the risk of harm to an individual’s rights and freedoms is unlikely.
A “personal data breach” for the purposes of the GDPR occurs whenever any personal data is lost, destroyed, corrupted or disclosed; if someone accesses the data or passes it on without proper authorisation; or if the data is made unavailable, for example, when it has been encrypted by ransomware, or accidentally lost or destroyed.
Additional Rights of Residents of the European Union
In addition to the protections afforded under the Privacy Act and the APPs, if you are a resident of the European Union, you have a number of express rights under the GDPR, including:
(a) the right to receive personal data you have provided to us in a structured, commonly used and machine readable format, including the right to request that we transmit this data directly to another data controller controller.
(b) the right to restrict the processing of your personal data in certain circumstances. This means that you can limit the way that we use your data (this right is an alternative to requesting the erasure of your data); and
(c) the right to require us to erase your data in certain circumstances,
If you believe that we may have breached the Australian Privacy Principles, the GDPR or failed to comply with this policy, you may make a written complaint addressed to:
The New Daily Pty Ltd
124 Exhibition Street
MELBOURNE VIC 3000
We take all complaints seriously, and will respond to your complaint within a reasonable period.
If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Telephone: 1300 363 992
The New Daily, like almost all websites, uses tags called cookies to enhance and customise the user experience.
What are cookies?
Cookies are small text files that are placed on your computer or mobile phone when you browse websites.
When you visit a website it holds a modest amount of data specific to your visit, so the next time you visit that website, this data is retrieved by the website and it recognises you and creates a personalised experience.
What cookies do we use on our site
We use a variety of different types of cookies on our Sites. Each cookie has a specific purpose but, in general, they are all used so that we can improve your experience in using The New Daily website.
Generally speaking, the cookies used by The New Daily website can be split into two categories:
• cookies set by The New Daily itself; and
• cookies set by third parties.
The New Daily’s website is unlikely to use any Cookies that store personally identifiable information.
Cookies set by The New Daily itself
Cookies set by the The New Daily itself include:tnd-nins-played, tnd_subscribe_shown, fonts-loaded, tnd_privacy_policy_dismissed
• Essential cookies, which are strictly necessary for our website to be able to operate, or to provide you with a service on our website which you have requested.
• Persistent cookies, which we use to remember your preferences within the website. These cookies remain on your desktop or mobile device even after you close your browser or restart your computer, and are used by us to analyse user behavior for the purpose of establishing patterns of usage so that we can improve our website functionality.
• Social networking cookies, which enable you to share pages and content that you find interesting, or events you might attend, through third party social networking and other websites.
• Geo-targeting cookies, which allow us to see what proportion of our visitors are from Australia or overseas, this helps us serve better and more relevant advertising.
Third Party cookies
Some of the cookies stored on your computer belong to, and are managed, by third parties.
They include: 1rx.io, adform.net, adhigh.net, adnxs.com, adsrvr.org, advertising.com, adaptv.advertising.com, audience73.com, basebanner.com, bidr.io, bidswitch.net, x.bidswitch.net, casalemedia.com, crwdcntrl.net, digitru.st, dotomi.com, doubleclick.net, erne.co, everesttech.net, google.com, gwallet.com, imrworldwide.com, ipredictive.com, mathtag.com, netmng.com, onaudience.com, pubmatic.com, ads.pubmatic.com, image6.pubmatic.com, quantserve.com, rfihub.com, rlcdn.com, rubiconproject.com, eus.rubiconproject.com, pixel.rubiconproject.com, simpli.fi, sitescout.com, js.spotx.tv, spotxchange.com, thenewdaily.com.au, tidaltv.com, turn.com, presentation-hkg1.turn.com, w55c.net, yahoo.com
• Anonymous analytics cookies , which provide The New Daily with user information that helps us to improve the way The New Daily site works, identify when a person is new to the site, as well as patterns of usage;
• Advertising cookies, which prevent the same advertisement from being presented to you repeatedly, to deliver advertisements that we believe are more relevant to you and your interests.
How to change your preferences
You have the right to decide whether to accept or block cookies that we use on our website. However, please be aware that if all cookies are blocked (particularly any essential cookies), the functionality of our website may be impaired.
You can exercise your cookie preferences by adjusting your browser settings. The links below set out information about how to change your browser settings for some of the most commonly used web browsers:
• Cookie settings in Internet Explorer
• Cookie settings in Firefox
• Cookie settings in Chrome
• Cookie settings in Safari web and iOS
You should be aware that most browsers automatically accept cookies.
Information for residents of the European Union
As set out above, The New Daily’s website is unlikely to use any Cookies that store personally identifiable information. However, to the extent that any cookies placed by The New Daily or a third party can uniquely identify a resident of the European Union, the requirements of the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) will be adhered to. In particular, we will ensure that:
• your consent is obtained prior to the setting of the cookies
• you can withdraw your consent at any time by changing the relevant settings;
• your consent is renewed every 12 months;
• we document your consent and store it securely; and
• we delete your personal data upon request.
Where can I get further information:
For further information about cookies, please contact our Privacy Officer as per the details below:
The New Daily Pty Ltd
124 Exhibition Street
MELBOURNE VIC 3000