MEMBER PRIVACY POLICY

NEW SOUTH WALES NETBALL ASSOCIATION LTD

MEMBER PRIVACY POLICY

Adopted by NSW Netball Association Ltd Council Meeting

9th November 2002

Member Privacy Policy

This document details the policy of NSW Netball Association Incorporated in relation to their member’s private information under the member protection policy.

A. Intent of the policy

This particular policy has been designed to

    1. • Provide guidelines in the collection, use, security surrounding, and disclosure of personal information.
    2. • Outline appropriate and acceptable access to the database.
    3. • Ensure Netball NSW meets obligations under the Associations Incorporations Act.
  1. B. Policy Background and Rationale

Netball NSW’s membership database is one of the Organisation’s most valuable assets.

In December 2000 the Federal Government passed an amendment to the 1988 Privacy (private sector) Act. This amended Act came into effect from December 2001. The amended Act sets out how private sector organisations should collect, use keep secure and disclose personal information. The principles of this Act also allow an individual the right to know what information an organisation holds about him or her and a right to correct it if it is wrong.

The policy serves to meet the requirements of the new Act while also addressing two major concerns surrounding the membership database as Netball NSW currently operates.

  1. • Affiliation Process - The affiliation process of member organisations impacts on the quality of the information. The consistency of the affiliation process from Association to Association impacts on Netball NSW’s ability to provide quality member services.
  2. • Database Access - This policy serves to outline when access is appropriate and how it can be facilitated as Netball NSW does not sell their membership database.
  1. C. How the policy works

Netball NSW has set the policy to provide guidelines for Netball NSW Board and staff on membership privacy, affiliation and database access matters.

The policy also serves as a basis for developing Membership Privacy and Database Access policies for Netball across the State. To this end the policy will be disseminated State-wide and through all levels of the Netball NSW Network.

  1. D. Our respective roles in making the policy work.
  2. a. Netball NSW’s role and contribution in making this policy work is to:
  3. 1. Prepare policy statement on membership privacy and database access
  1. 2. Use the policy in relation to membership privacy and database access matters.
  2. 3. Ensure appropriate training is provided to Staff members accessing and using the database.
  3. 4. Develop and implement a plan that:
    1. • Communicates the policy to all Associations and Clubs.
    2. • Provides assistance to Associations and Clubs in developing their own policy that complements Netball NSW policy
    3. • Provides Associations and Clubs with guidance on understanding and implementing similar policies.
    4. • Provides notice to Associations and Clubs of their membership reporting and affiliation requirements.
    5. • Allows the policy to be reviewed annually and should it change inform Associations and Clubs immediately

b. The Association’s role and contribution

    1. • Ensure the policy is provided to members of the Association Executive.
    2. • Make known to Netball NSW any barriers in fulfilment of the policy at an Association level.
    3. • Reporting to Netball NSW any membership information in order to affiliate in an accurate and timely manner.
    4. • Ensure the policy is advised to all Clubs.
    5. • Ensure any changes to the policy are distributed to appropriate personnel.

c. The Club’s role and contribution is

    1. • Ensure the policy is provided to members of the Club Executive.
    2. • Make known to Netball NSW any barriers in fulfillment of the policy at a Club level.
    3. • Reporting to Association and Netball NSW any membership information in order to affiliate in an accurate and timely manner.
    4. • Ensure the policy is advised to any members who request information.
    5. • Ensure any changes to the policy are distributed to appropriate personel.
  1. d. The individual’s role and contribution is to:
    1. • Contact their Association and / or Netball NSW with any queries, so they can be answered
    2. • Contact their Association and Netball NSW with any changes or corrections to their information, so that they may be facilitated.
    1. • Advise the Association and Netball NSW of any legal proceedings, eg AVO’s, that would require the information to be "flagged" to prevent any dissemination of information even to family members.

E. The Policy

1. Introduction

Netball NSW purchased a Database System in 2001.

The database is designed for professional associations and organisations. It provides an integrated management system that allows the organisation to record its members in a single database.

2. Objectives

The objectives of the Netball NSW Database are to:

  1. a. Improve member services and retention by creating opportunities for value added services.
  2. b. Facilitate administrative efficiencies including Insurance
  3. c. Report generating for a range of registration and accreditation details;
  4. d. Maintain historical records for Netball NSW;
  5. e. Promote communication;
  6. f. Develop new marketing opportunities;
  7. g. Provide accurate statistics on sport participation for government and other relevant agencies;
  8. h. Facilitate planning and future development.

3. Database Policy Coverage

This policy covers the activities of Netball NSW and any organisation affiliated with Netball NSW.

The database will contain all or part of the following information:

    1. a Name, address, phone numbers, and other contact details if applicable;
    2. b Gender
    3. c Date of Birth
    4. d Participation details
    5. e Association/Club/Team details
    6. f Registration history
    7. g Home affiliate
    8. h Type and duration of membership where applicable
    9. i Accreditation details
    10. j Committee membership
    11. k Profiles (national/state/TID/squads)
    12. l Member type ( junior, senior, non player etc)
    13. m Facility information
    14. n Email

Data held on participants will be used for three primary purposes:

    1. 1. Statistics

Personal information, in de-identified form, will be collated and used to produce statistics that will be supplied to government agencies as required by them and others as necessary. They will also be used by Netball administration for purposes of researching, developing and managing new and existing programs, for strategic and other planning, and for promoting the sport of Netball.

    1. 2. Administration

Personal information will be used for the purpose of communicating with participants about their membership and/or their involvement in programs, competitions and Netball activities.

    1. 3. Information

Personal information will be used for the purpose of providing information to participants about matters pertaining to Netball, activities of Netball administration and its sponsors. Any participant may request not to receive mail communications that do not directly relate to their participation in programs or their membership or no communication at all.

4. Information Access

Netball NSW will facilitate database access for sponsors through enabling sponsors the opportunity to provide inserts that are included in the Netball NSW mail out. At no time will a sponsor receive individual contact information.

Netball NSW will facilitate the distribution of sponsor information via the database on no more than four occasions in each calendar year.

The Netball NSW General Manager will be responsible for negotiating access to the database by Netball NSW sponsors and other interested parties.

In all instances a fee will be charged to access the database. This fee will be set and is outlined within this policy. The fee will vary depending on status of user. The three potential users are:

    1. 1. Netball NSW sponsors (ie State sponsors)
    2. 2. Netball Australia sponsors (ie national sponsors) and

3. Other interested corporations.

Values

  1. • Our preference is to make database access available to loyal Netball NSW sponsors
  2. • To the best of our knowledge we will not allow a sponsor’s competitor access to a mail out
  3. • We value forming relationships with organisations that wish to make a long term contribution to Netball
  4. • The information inserted to a mail out must be of relevance to our membership
  5. • Netball NSW at all times reserves the right to refuse access to our database.
  6. • The timing of all mail outs is at discretion of Netball NSW.
  7. • Membership data will not be provided to sponsors.

Operational

  1. • Netball NSW will always provide the envelope and covering letter for mail outs conducted to our membership.
  1. • The membership database contains ‘tracking data’ to monitor its use.
  2. • Fees based on insertion of a DL flier or A4 flier, folded to DL size.
  3. • Netball NSW must approve any ‘response mechanism’ that enables data collection used through any mail out.
    1. 4.1 Information Access – Negotiated through Netball NSW for Netball NSW sponsors (ie State sponsors) and other interested corporations.
    2. 4.1.1 Criteria
  4. • Netball NSW will clarify the following information with the sponsor or interested party:
    1. a. Objectives of the promotion
    2. b. Benefits to the sport
    3. c. Who the organisation wishes to communicate with (ie. specific market segments).
    4. d. When the organisation wishes to undertake the communication.
    5. e. What the organisation is promoting.
    1. • Criteria for consent:
    1. a. The offer must be available only to Netball NSW members and should not be an offer available to the general public.
    2. b. The current or potential sponsor cannot be a direct competitor of any of Netball NSW current sponsors.
    1. • In regard to the offer:
    1. a. It must be seen as a joint offer from the sponsor and Netball NSW.
    2. b. Netball NSW must approve all copy prior to distribution.
    3. c. Netball NSW must approve any use of the Netball NSW logo.
    4. d. The data must be handled by a third party. This party will sign a confidentiality agreement with the provider of the raw data and will inform the purchaser of the number of items that has been handled. At the expiration of the agreement, the raw data (that is normally provided on disc) shall be returned to the provider.
      1. 4.1.2 Access fees
    1. • Target : Associations

A. Mail out - All Associations

Via monthly edition of ‘Catch the News’. Fees (based on insertion of an A4 sized flier)

    1. 1. If a sponsor of Netball NSW – no charge
    2. 2. Non-Sponsor - $250.00
    1. • Target : Membership

Exclusive Mail outs

B. Mail out - All members – exclusive mail out

    1. 1. If a sponsor of Netball NSWl

$0.80 per envelope ie. 100,000 x 0.80 =$80,000.00

    1. 2. Non sponsor

$1.50 per envelope ie. 100,000 x $1.50 = $150,000.00

C. Mail Out – Segmented – Members -

Set up fee $2000

Plus $1.50 per envelope ie. 500 x $1.50 (plus $2000) = $2750.00

Changes to the above rates require approval by the Board, following a recommendation from the General Manager.

Mail out rates for new products will be determined as appropriate and approved by the Board of Netball NSW.

  1. 4.2 Information Access – Negotiated through Netball Australia for Netball Australia sponsors and other interested parties

Netball NSW will provide Netball Australia with a report detailing NSW membership numbers once per calendar year.

Netball Australia will not enter into any formal agreement (verbal or written) with their current or potential corporate partners that seeks to provide access to Netball NSW’s database without prior written consent from Netball NSW.

In this instance, Netball Australia will provide Netball NSW with:

    1. a. The name of the organisation.
    2. b. Objectives of the promotion
    3. c. Benefits to the sport
    4. d. Who the organisation wishes to communicate with (ie. specific market segments).
    5. e. When the organisation wishes to undertake the communication.
    6. f. What the organisation is promoting.

Criteria for consent:

    1. a. The offer must be available only to Netball NSW members and should not be an offer available to the general public.
    2. b. The current or potential sponsor cannot be a direct competitor of any of Netball NSW current sponsors.
    3. c. Netball NSW is given the opportunity to investigate potential State based sponsorship opportunities with the organisation in question.

In regard to the offer:

    1. a. It must be seen as a joint offer from the sponsor, Netball Australia and Netball NSW.
    2. b. Netball NSW must approve all copy prior to distribution.
    3. c. Netball NSW must approve use of the Netball NSW logo.
    4. d. The data must be handled by a third party. This party will sign a confidentiality agreement with the provider of the raw data and will inform the purchaser of the number of items that has been handled. At the expiration of the agreement, the raw data (that is normally provided on disc) shall be returned to the provider.

4.2.2 Access fees

Access fees apply as in section 4.1.2

  1. 4.3 Affiliated Associations

Affiliated Associations may negotiate the use of their section of the database on up to four times in a calendar year for non-Association (member) purposes.

Liaison with the Netball NSW General Manager is required to avoid any duplication of mail out timing or content. Such liaison will also provide an opportunity to share mail out and costs, thus maximizing use of resources.

  1. 5. Collection
    1. 5.1. Netball NSW collects personal information necessary for one or more of purposes as outlined in Clause 3.
    2. 5.2. Netball NSW collects personal information only by lawful and fair means and not in an unreasonably intrusive way.
    3. 5.3. Netball NSW ensures that the individual is aware of:
    1. • the identity of the organisation and how to contact it;
    2. • the fact that he or she is able to gain access to the information;
    3. • the purposes for which the information is collected; and
    4. • the organisations (or the types of organisations) to which Netball NSW usually discloses information of that kind.

The above information will be included on the Netball NSW Registration Sheet.

  1. 5.4. Netball NSW collects personal information about an individual only from that individual. This is collected on behalf of Netball NSW by Netball NSW affiliates and/or agents.
  1. 6. Use and disclosure
    1. 6.1. Netball NSW will not use or disclose personal information about an individual for any purpose ( the secondary purpose ) other than the primary purposes of collection unless (refer Clauses 2 and 3):
    1. a. both of the following apply:
    1. • the secondary purpose is related to the primary purpose of collection
    2. • the individual would reasonably expect the organisation to use or disclose the information for the secondary purpose; or
    1. b. the individual has consented to the use or disclosure; or
    2. c. if the information is not sensitive information and the use of the information is for the secondary purpose of direct marketing:
    1. • it is impractical for the organisation to seek the individual’s consent before that particular use; and
    2. • the organisation will not charge the individual for giving effect to a request by the individual to the organisation not to receive direct marketing communications; and
    3. • the individual has not made a request to the organisation not to receive direct marketing communications; and
    4. • the organisation gives the individual the express opportunity at the time of first contact to express a wish not to receive any further direct marketing communications.
    1. d. the organisation reasonably believes that the use of disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
    1. • the prevention, direction, investigation, prosecution or punishment of criminal offences, breaches of the law imposing a penalty or sanction or breaches of a prescribed law;
    2. • the enforcement of laws relating to the confiscation of the proceeds of crime;
    3. • the protection of the public revenue;
    4. • the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
    5. • the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of the court or tribunal.
      1. 6.2. If Netball NSW uses or discloses personal information, it will make a written note of the use or disclosure. Netball NSW will keep and maintain a register of disclosure of information and requests for changes to be made to information.
  1. 7. Data quality

Netball NSW and Netball NSW affiliates takes reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date.

  1. 8. Data security
    1. 8.1 Netball NSW takes reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure. Membership data will be protected by password security.
    2. 8.2 Netball NSW takes reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under National Privacy Principle 2.
  2. 9. Openness
    1. 9.1 Netball NSW sets out in this document clearly expressed policies on its management of personal information. Netball NSW makes this document available to anyone whom asks for it.
    2. 9.2 On request by a member, Netball NSW takes reasonable steps to let the member know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses and discloses that information.
  3. 10. Access and correction
    1. 10.1 Netball NSW holds personal information about individuals, and as such, provides individuals with access to the information on request by the individual.
    2. 10.2 If individuals are able to establish that the information is not accurate, complete and up-to-date, Netball NSW takes reasonable steps to correct the information so that it is accurate, complete and up-to-date.
    3. 10.3 If the individual and Netball NSW disagree about whether the information is accurate, complete and up-to-date, and the individual asks Netball NSW to associate with the information a statement claiming that the information is not accurate, complete and up-to-date, Netball NSW will take reasonable steps to do so.
    1. 10.4 Netball NSW will provide reasons for denial of access or a refusal to correct personal information.
    2. 11.1. Membership numbers are allocated randomly by the database to individuals and organisations as identifiers.
    3. 11.2. Netball NSW does not adopt as its own identifier of an individual an identifier of the individual that has been assigned by:
  1. 11. Identifiers
    1. • an agency; or
    2. • an agent of an agency acting in its capacity as agent; or
    3. • a contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract.
      1. 11.3. Netball NSW and it’s affiliates will not use or disclose an identifier assigned to an individual.
      2. 11.4. In this clause:
    4. • identifier includes a number assigned by an organisation to an individual to identify uniquely the individual for the purposes of the of the organisation’s operations. However, an individual’s name is not an identifier.
  1. 12. Anonymity

Wherever it is lawful and practicable, individuals must have the option of not identifying themselves when entering transactions with an organisation.

A. Sensitive information

12.1 Netball NSW will not collect sensitive information about an individual unless:

    1. a the individual has consented; or
    2. b the collection is required by law; or
    3. c the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individuals whom the information concerns:
    1. • is physically or legally incapable of giving consent to the collection; or
    2. • physically cannot communicate consent to the collection; or

d if the information is collected in the course of the activities of a non-profit organisation - the following conditions are satisfied:

    1. • the information related solely to the members of the organisation or to individuals who have regular contact with it in connection with its activities;
    2. • at or before the time of collecting the information, the organisation undertakes to the individual whom the information concerns that the organisation will not disclose the information without the individuals consent; or
    1. d the collection is necessary for the establishment, exercise or defence of legal or equitable claim.

12.2 Despite subclause 12.1, an organisation may collect health information about an individual if:

    1. (a) the collection is necessary for any of the following purposes:
    2. (i) research relevant to public health or public safety;
    3. (ii) the complication or analysis of statistics relevant to public health or public safety;
    4. (iii) the management, funding or monitoring of a health service; and
    5. (b) that purpose cannot be served by the collection of information that does not identify the individual or form which the individual’s identity cannot reasonably be ascertained; and
    6. (c) it is impracticable for the organisation to seek the individuals consent to the collection; and
    7. (d) the information is collected:
    8. (i) as required by the law (other than this act ); or
    9. (ii) in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation; or
    10. (iii) in accordance with guidelines approved by the Commissioner under section 95A.

12.3 If Netball NSW collects health information about an individual in accordance with subclause 11.3, the organisation must take reasonable steps to permanently de-identify the information before the organisation discloses it.

13. Delegations and Accountabilities

Who is able to access, negotiate facilitating access, change or update, membership information on behalf of Netball NSW?

    1. a Access
    1. • Membership Services Officer, Coaching Administrator, Umpiring Administrator.
    2. • The General Manager can approve use of the database.
    3. • Those people or organisations contracted by Netball NSW to act as consultants on the database (providing a confidentiality agreement is signed)
    4. • Those people or organisations (third party) contracted by Netball NSW to provide services to Netball NSW and its members ie call centre or mail house (providing a confidentiality agreement is signed)
    1. b Negotiate Facilitating Access
    1. • Netball NSW will not sell its database. Netball NSW will however facilitate access for a fee (as indicated in Clause 4.1.2).
    2. • The General Manager may negotiate this access.
    3. • The General Manager will make a recommendation to the Board, for approval.
    1. c Change or update
    1. • Membership Services Officer, Coaching Administrator or Umpiring can change or update information on the Database.

14. Related Documents

Netball NSW Affiliation Process

Any queries should be directed to Netball NSW General Manager on 9646 5666.

Dated: 15th October 2002

Reviewed:

Policy to be reviewed annually