1. Introduction

1. Museum of Chinese Australian History ACN 607 298 019 (the Chinese Museum) understands the importance of protecting the privacy of your personal information.
2. This policy relates to how the Chinese Museum collects and handles personal information. In this policy, “we” “us” and “our” refers to the Chinese Museum.
3. In handling your personal information, we will comply with all applicable privacy laws, including the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth).

2. Collecting your personal information

1. This policy applies to personal information collected by the Chinese Museum.
2. “Personal information” is defined as information or an opinion about you from which your identity is either clear or can be reasonably determined.
3. Generally, we will collect personal information directly from you, and only to the extent reasonably necessary to enable us to conduct our business or directly related to our functions or activities, including to:
   1. sell and promote our products and services to you;
   2. deliver products to you;
   3. improve the range of our offerings;
   4. learn of your likely preferences so that we can promote our products and services to you in a way which may be of most interest to you; and
   5. assist in investigating your complaints and enquiries.
4. In some circumstances, the Chinese Museum may need to collect personal information from a third party.
5. The personal information we may collect about you includes:
   1. your personal details such as your name, email and/or physical address, telephone number, date of birth and gender;
   2. financial information such as your credit card details;
   3. your order and customer reference number;
   4. what, how and when you buy from us or have expressed an interest in buying from us; and
   5. demographic information such as your post code and your stated or likely preferences, for example whether you may be interested in particular products or promotions.
6. In some circumstances, the Chinese Museum may request government-related identifiers from you, however the Chinese Museum will not use or disclose this information unless we are authorised by law to do so.
7. You have the option of dealing with the Chinese Museum anonymously or by pseudonym, however, the Chinese Museum will not be able to deal with you anonymously or where you are using a pseudonym when:
   1. it is impracticable for the Chinese Museum to do so; or
   2. the Chinese museum is required or authorised by law or a court or tribunal order to deal with individuals who have identified themselves.

3. How the Chinese museum collects personal information

1. The Chinese Museum will collect personal information from you by lawful and fair means and not in an unreasonably intrusive way, including when you:
   1. visit our website;
   2. purchase products from us online;
   3. register with us, for example to create an account with us;
   4. communicate with us online;
   5. take part in our promotions, competitions or provide testimonials; and/or
   6. deal with us in other ways involving the need for personal information to be provided such as when you contact us by phone, on chat lines or bring a claim against us.
2. The Chinese museum may only collect sensitive information from you, if you consent to the sensitive information being collected, and it is reasonably necessary for one or more of the Chinese Museum’s functions or activities, unless collection is necessary:
   1. to lessen or prevent a serious threat to life, health or safety;
   2. to take appropriate action in relation to suspected unlawful activity or serious misconduct;
   3. to locate a missing person;
   4. to establish, exercise or defend a legal or equitable claim; or
   5. for a confidential alternative dispute resolution process.
3. “Sensitive information” includes information about your racial or ethnic origin, political opinions, membership of a political association, religious belief, philosophical belief, membership of a professional or trade association, sexual preference, criminal record and health information.
4. When the Chinese Museum receives personal information from you directly, we will take reasonable steps to notify you how and why we collected your information, who we may disclose it to and outline how you can access it, seek correction or make a complaint.
5. Sometimes the Chinese Museum may collect your personal information from third parties. You may not be aware that Chinese Museum has done so.  If the Chinese Museum collects information that can be used to identify you, we will take reasonable steps to notify you of that collection.

4. Using and disclosing your personal information

1. The Chinese Museum can only use or disclose personal information about you for the particular purpose for which it was collected (known as the primary purpose).
2. The Chinese Museum can only use or disclose personal information for a secondary purpose if one of the following exceptions applies:
   1. you have consented;
   2. you would reasonably expect the Chinese Museum to use or disclose your personal information for the secondary purpose and the secondary purpose is related to the primary purpose;
   3. the use or disclosure is required or authorised by or under an Australian law or a court/tribunal order;
   4. a “permitted general situation” exists, including where:
      • use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual or to public health or safety and it is unreasonable or impracticable to obtain consent;
      • the Chinese Museum has reason to suspect that unlawful activity or misconduct of a serious nature has been (or may be) engaged in and collection, use or disclosure is necessary in order for the Chinese Museum to take appropriate action;
      • the Chinese Museum reasonably believes that use or disclosure is reasonably necessary to assist another entity, body or person to locate a person who has been reported as missing;
      • use or disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim; or
      • use or disclosure is reasonably necessary for a confidential alternative dispute resolution process; or
   5. The Chinese Museum reasonably believes it is necessary to use or disclose the information for an enforcement related activity, conducted by or on behalf of, an enforcement agency.

5. Unsolicited personal information

1. From time to time, the Chinese Museum may receive personal information that we have not requested (referred to as unsolicited personal information).
2. Where the Chinese Museum receives unsolicited personal information about you, we will check whether we could have collected the information because it is reasonably necessary for our functions or activities.
3. If the Chinese Museum could have collected the information, we will handle the unsolicited personal information in the same way as we do with other information we seek from you.
4. If not, the Chinese Museum will, as soon as practicable, destroy or de-identify the information if it is lawful and reasonable to do so.

6. Direct marketing

1. the Chinese Museum can only use your information for the purpose of direct marketing if:
   1. we collected the personal information from you;
   2. you would reasonably expect the Chinese Museum to use or disclose the personal information for the purpose of direct marketing; and
   3. you have not ‘opted out’ of receiving marketing communications from the Chinese Museum , using the ‘opt-out’ method provided by us.
2. If we collected your personal information from a third party (or you have no reasonable expectation of the personal information being used for direct marketing), we will only engage in direct marketing if:
   1. you have consented to the personal information being used or disclosed for the purpose of direct marketing or it is impracticable to obtain consent; and
   2. you have not opted out of receiving direct marketing from the Chinese Museum using the ‘opt out’ method provided by us.

7. Website Provider and Overseas Use

1. Your data may also be available to our website provider to enable us and them to deliver their service to us, carry out analysis and research on demographics, interests and behaviour of our users and supporters to help us gain a better understanding of them to enable us to improve our services. This may include connecting data we receive from you on the website to data available from other sources. Your personally identifiable data will only be used where it is necessary for the analysis required, and where your interests for privacy are not deemed to outweigh their legitimate interests in developing new services for us. In the case of this activity the following will apply:

1. Your data will be made available to our website provider , which is based in the United Kingdom.
2. The data that may be available to them include any of the data we collect as described in this policy.
3. Our website provider will not transfer your data to any other third party, or transfer your data outside of the EEA.
4. They will store your data for a maximum of 7 years.
5. This processing does not affect your rights as detailed in this privacy policy.

b. If the Chinese Museum discloses your personal information to an overseas recipient, where such disclosure is consistent with the primary purpose for which it was collected, the Chinese Museum will take reasonable steps to ensure that the recipient does not breach the APPs in relation to that information.

c. The exceptions to this general rule include where the disclosure is required or authorised by law or where:

1. the Chinese Museum believes disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual or to public health or safety;
2. the Chinese Museum suspects that unlawful activity or misconduct of a serious nature, that relates to the entity’s function or activities has been, is being or may be engaged in;
3. disclosure is reasonably necessary to assist in locating a missing person;
4. disclosure is necessary for an enforcement body; or
5. disclosure is required or authorised under an international agreement relating to information sharing.

8. Updating your information

1. The Chinese Museum takes reasonable steps to:
   1. ensure that the personal information it collects is accurate, up-to-date and complete;
   2. ensure that the personal information it uses or discloses is accurate, up-to-date, complete and relevant to the purpose for which it is being used or disclosed; and
   3. correct the personal information it holds about you (including upon request by you) to ensure that, taking into account the purpose for which it is held, it is accurate, up to date, complete, relevant and not misleading.
2. Where your information has been disclosed to a third party, the Chinese Museum will take reasonable steps to notify the third party of the correction.

9. Information security

1. The Chinese Museum takes reasonable steps to protect your personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure.
2. Some of the ways we do this are:
   1. confidentiality requirements of our employees and employee training;
   2. document storage security policies;
   3. security measures for access to our systems;
   4. only giving access to personal information to a person who is verified to be able to receive that information;
   5. controlling access to our buildings;
   6. electronic security systems; and
   7. regular monitoring and review of information security.
3. The Chinese Museum will destroy or de-identify the personal information it holds about you where it is no longer required, unless the Chinese Museum is otherwise required or authorised by law to retain the personal information.

10. Accessing your personal information

1. You may request access to the personal information collected and held by us (subject to your identity being confirmed by the Chinese Museum ). This right is subject to certain exceptions, set out below, allowed by law.
2. Requests for access to personal information should be made to our Privacy Officer, using the contact details provided below.
3. The Chinese Museum may charge you for costs associated with retrieving and providing the personal information requested.
4. The Chinese Museum will endeavour to respond to requests for access to personal information within 30 calendar days. It will assist us if you can identify, as clearly as possible, the type (or types) of information requested by you.
5. Your right to access your personal information is not absolute. In some circumstances, the law permits us to refuse your request, such as circumstances where:
   1. giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
   2. giving access would have an unreasonable impact on the privacy of others;
   3. the request is frivolous or vexatious;
   4. the information relates to existing or anticipated legal proceedings and would not be accessible by the process of discovery in those proceedings;
   5. giving access would reveal the intentions of the Chinese Museum in negotiations with you in such a way as to prejudice those negotiations;
   6. giving access would be unlawful;
   7. denying access is required or authorised by or under an Australian law or a court/tribunal order;
   8. giving access may prejudice enforcement activities or a security function.
6. Where the Chinese Museum has refused access to personal information on one or more of the grounds set out above, the Chinese Museum will consult with you (or your representative) to try and satisfy the request in an alternate manner.
7. The Chinese Museum may refuse a request for access to personal information. If a request for access if refused, we will give you written notice of the reasons for the refusal and the complaint mechanisms available to you.

11. Cookies

1. Our website may use ‘cookies’ or any other means of collecting information on this website. By using our website, you consent to this use.
2. Our server may log details about any computer used to access this website (such as the IP address, domain name and browser type), the date and time of access and the details of the information downloaded. This information is used for our own statistical purposes and to improve this site.

12. Varying this policy

The Chinese Museum expressly reserves the right to vary this policy from time to time, at its sole and absolute discretion.  If we do, the updated policy will apply to all of your information held by us at the time.

13. How to contact the Chinese Museum

If you have any questions about this policy or our management of your personal information, please let us know by contacting our Privacy Officer:

[email protected]

14. Making a complaint

1. You may also use these contact details to notify the Chinese Museum of any privacy complaint you have, including if you think the Chinese Museum has failed to comply with the APPs. We are committed to acknowledging your complaint in a prompt manner and we will give you an estimated timeframe for when we will respond to your complaint.
2. If we are unable to resolve your complaint or if you are unhappy with the outcome, you may also be able to lodge a complaint with the Australian Information Commissioner (oaic.gov.au).