Pegasus

Privacy Policy

Pegasus is committed to the lawful and respectful collection and use of personal information in all aspects of the conduct of its business.

This commitment is translated into practical processes through the implementation of the 10 national privacy principles.

1 Collection

1.1 Pegasus does not collect personal information unless the information is necessary for one or more of our functions or activities.

1.2 Pegasus only collects personal information by lawful and fair means and not in an unreasonably intrusive way.

1.3 At or before the time we collect personal information about an individual from the individual, we take reasonable steps to ensure that the individual is aware of:

• (a) the identity of Pegasus and how to contact it; and
• (b) the fact that he or she is able to gain access to the information; and
• (c) the purposes for which the information is collected; and
• (d) Pegasus (or the types of organisations) to which Pegasus usually discloses information of that kind; and
• (e) any law that requires the particular information to be collected; and
• (f) the main consequences (if any) for the individual if all or part of the information is not provided.

1.4 If it is reasonable and practicable to do so, we collect personal information about an individual only from that individual.

1.5 If we collect personal information about an individual from someone else, we take reasonable steps to ensure that the individual is or has been made aware of the matters listed in subclause 1.3 except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual.

2  Use and disclosure

2.1 Pegasus does not use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose of collection unless:

(a) both of the following apply:

• (i) the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection;
• (ii) the individual would reasonably expect Pegasus to use or disclose the information for the secondary purpose; or

(b) the individual has consented to the use or disclosure; or
(c) if the information is not sensitive information and the use of the information is for the secondary purpose of direct marketing:

• (i) it is impracticable for Pegasus to seek the individual’s consent before that particular use; and
• (ii) Pegasus will not charge the individual for giving effect to a request by the individual to Pegasus not to receive direct marketing communications; and
• (iii) the individual has not made a request to Pegasus not to receive direct marketing communications; and
• (iv) in each direct marketing communication with the individual, Pegasus draws to the individual’s attention, or prominently displays a notice, that he or she may express a wish not to receive any further direct marketing communications; and
• (v) each written direct marketing communication by Pegasus with the individual (up to and including the communication that involves the use) sets out Pegasus’s business address and telephone number and, if the communication with the individual is made by fax, telex or other electronic means, a number or address at which Pegasus can be directly contacted electronically; or

(d) if the information is health information and the use or disclosure is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety:

• (i) it is impracticable for Pegasus to seek the individual’s consent before the use or disclosure; and
• (ii) the use or disclosure is conducted in accordance with guidelines approved by the Commissioner under section 95A for the purposes of this subparagraph; and
• (iii) in the case of disclosure — Pegasus reasonably believes that the recipient of the health information will not disclose the health information, or personal information derived from the health information; or
• (e) Pegasus reasonably believes that the use or disclosure is necessary to lessen or prevent:
• (i) a serious and imminent threat to an individual’s life, health or safety; or
• (ii) a serious threat to public health or public safety; or
• (ea) if the information is genetic information and Pegasus has obtained the genetic information in the course of providing a health service to the individual:
• (i) Pegasus reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety (whether or not the threat is imminent) of an individual who is a genetic relative of the individual to whom the genetic information relates; and
• (ii) the use or disclosure is conducted in accordance with guidelines approved by the Commissioner under section 95AA for the purposes of this subparagraph; and
• (iii) in the case of disclosure—the recipient of the genetic information is a genetic relative of the individual; or

(f) Pegasus has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
(g) the use or disclosure is required or authorised by or under law; or
(h) Pegasus reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:

• (i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
• (ii) the enforcement of laws relating to the confiscation of the proceeds of crime;
• (iii) the protection of the public revenue;
• (iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
• (v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

Note 1: It is not intended to deter organisations from lawfully co‑operating with agencies performing law enforcement functions in the performance of their functions.

Note 2: Subclause 2.1 does not override any existing legal obligations not to disclose personal information. Nothing in subclause 2.1 requires Pegasus to disclose personal information; Pegasus is always entitled not to disclose personal information in the absence of a legal obligation to disclose it.

Note 3: Pegasus is also subject to the requirements of National Privacy Principle 9 if it transfers personal information to a person in a foreign country.

2.2 If Pegasus uses or discloses personal information under paragraph 2.1(h), it the employee responsible for the process will make a written note of the use or disclosure.

3  Data quality

Pegasus will take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up‑to‑date.

4  Data security

4.1 Pegasus will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.

4.2 Pegasus will take 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.

6  Access and correction

6.1 If Pegasus holds personal information about an individual, it will provide the individual with access to the information on request by the individual, except to the extent that:

(a) in the case of personal information other than health information—providing access would pose a serious and imminent threat to the life or health of any individual; or
(b) in the case of health information—providing access would pose a serious threat to the life or health of any individual; or
(c) providing access would have an unreasonable impact upon the privacy of other individuals; or
(d) the request for access is frivolous or vexatious; or
(e) the information relates to existing or anticipated legal proceedings between Pegasus and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
(f) providing access would reveal the intentions of Pegasus in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
(g) providing access would be unlawful; or
(h) denying access is required or authorised by or under law; or
(i) providing access would be likely to prejudice an investigation of possible unlawful activity; or
(j) providing access would be likely to prejudice:

• (i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
• (ii) the enforcement of laws relating to the confiscation of the proceeds of crime; or
• (iii) the protection of the public revenue; or
• (iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
• (v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders;
•   by or on behalf of an enforcement body; or

(k) an enforcement body performing a lawful security function asks Pegasus not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.

6.2 However, where providing access would reveal evaluative information generated within Pegasus in connection with a commercially sensitive decision‑making process, Pegasus may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.

Note: Pegasus breaches subclause 6.1 if it relies on subclause 6.2 to give an individual an explanation for a commercially sensitive decision in circumstances where subclause 6.2 does not apply.

6.3 If Pegasus is not required to provide the individual with access to the information because of one or more of paragraphs 6.1(a) to (k) (inclusive), Pegasus will, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.

6.4 If Pegasus charges for providing access to personal information, those charges:
(a) will not be excessive; and
(b) will not apply to lodging a request for access.

6.5 If Pegasus holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up‑to‑date, Pegasus will take reasonable steps to correct the information so that it is accurate, complete and up‑to‑date.

6.6 If the individual and Pegasus disagree about whether the information is accurate, complete and up‑to‑date, and the individual asks Pegasus to associate with the information a statement claiming that the information is not accurate, complete or up‑to‑date, Pegasus will take reasonable steps to do so.

6.7 Pegasus will provide reasons for denial of access or a refusal to correct personal information.

7  Identifiers

7.1 Pegasus will not adopt as its own identifier of an individual an identifier of the individual that has been assigned by:

(a) an agency; or
(b) an agent of an agency acting in its capacity as agent; or
(c) a contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract.

7.1A However, subclause 7.1 does not apply to the adoption by a prescribed organisation of a prescribed identifier in prescribed circumstances.
Note: There are prerequisites that will be satisfied before those matters are prescribed: see subsection 100(2).

7.2 Pegasus will not use or disclose an identifier assigned to an individual by an agency, or by an agent or contracted service provider mentioned in subclause

7.1, unless:

• (a) the use or disclosure is necessary for Pegasus to fulfil its obligations to the agency; or
• (b) one or more of paragraphs 2.1(e) to 2.1(h) (inclusive) apply to the use or disclosure; or
• (c) the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances.

Note: There are prerequisites that will be satisfied before the matters mentioned in paragraph (c) are prescribed: see subsections 100(2) 
and (3).

7.3 In this clause:

identifier includes a number assigned by Pegasus to an individual to identify uniquely the individual for the purposes of Pegasus’s operations. However, an individual’s name or ABN (as defined in the A New Tax System (Australian Business Number) Act 1999) is not an identifier.

8  Anonymity

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

9  Transborder data flows

Pegasus in Australia or an external Territory may transfer personal information about an individual to someone (other than Pegasus or the individual) who is in a foreign country only if:

(a) Pegasus reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or
(b) the individual consents to the transfer; or
(c) the transfer is necessary for the performance of a contract between the individual and Pegasus, or for the implementation of pre‑contractual measures taken in response to the individual’s request; or
(d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between Pegasus and a third party; or
(e) all of the following apply:

• (i) the transfer is for the benefit of the individual;
• (ii) it is impracticable to obtain the consent of the individual to that transfer;
• (iii) if it were practicable to obtain such consent, the individual would be likely to give it; or

(f) Pegasus has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles.

10  Sensitive information

10.1 Pegasus will not collect sensitive information about an individual unless:

(a) the individual has consented; or
(b) the collection is required by law; or
(c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:

• (i) is physically or legally incapable of giving consent to the collection; or
• (ii) 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:

• (i) the information relates solely to the members of Pegasus or to individuals who have regular contact with it in connection with its activities;
• (ii) at or before the time of collecting the information, Pegasus undertakes to the individual whom the information concerns that Pegasus will not disclose the information without the individual’s consent; or

(e) the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.

10.2 Despite subclause 10.1, Pegasus may collect health information about an individual if:

(a) the information is necessary to provide a health service to the individual; and
(b) the information is collected:

• (i) as required or authorised by or under law (other than this Act); or
• (ii) in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind Pegasus.

10.3 Despite subclause 10.1, Pegasus may collect health information about an individual if:
(a) the collection is necessary for any of the following purposes:

• (i) research relevant to public health or public safety;
• (ii) the compilation or analysis of statistics relevant to public health or public safety;
• (iii) the management, funding or monitoring of a health service; and

(b) that purpose cannot be served by the collection of information that does not identify the individual or from which the individual’s identity cannot reasonably be ascertained; and
(c) it is impracticable for Pegasus to seek the individual’s consent to the collection; and
(d) the information is collected:

• (i) as required by law (other than this Act); or
• (ii) in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind Pegasus; or
• (iii) in accordance with guidelines approved by the Commissioner under section 95A for the purposes of this subparagraph.

10.4 If Pegasus collects health information about an individual in accordance with subclause 10.3, Pegasus will take reasonable steps to permanently de‑identify the information before Pegasus discloses it.

10.5 In this clause:

non‑profit organisation means a non‑profit organisation that has only racial, ethnic, political, religious, philosophical, professional, trade, or trade union aims.