1.0 Purpose

Seasons Living Australia PTY LTD (Seasons) recognises that privacy is very important and is committed to protecting personal information collected. The Privacy Act 1998 (Cth) (Privacy Act), the Australia Privacy Principles (APPs), the Retirement Villages Act 1999 (QLD) and the Retirement Villages Regulation 2010 (QLD) govern the way in which we must manage personal information and as such our Privacy Policy sets out how we collect, use, disclose and otherwise manage this information. Seasons Living Australia PTY LTD commits to maintaining a publicly available Privacy Policy that is available free of charge.  

The aim of this policy is to: 

• Ensure the way we manage personal information is open and transparent; 

• Protect the privacy of personal information, including health information regarding residents, employees, customers (residents), students, volunteers, and contractors; 
• Provide for the fair collection and handling of personal information; 
• Ensure that personal information Seasons collects is used and disclosed for legally permitted purposes only. 
• Regulate the access to and correction of personal information; and 
• Ensure the confidentiality of personal information through appropriate storage and security. 

• Inform individuals whose information is collected how they can access their information, update their personal information held by us, lodge complaints or make any other related enquiries.  

2.0 Scope

This policy applies to any personal information if an individual is/has: 

• A current or former resident of Seasons or are a relative or representative of a resident of Seasons 
• Made enquiries or contacted Seasons to enquire about the services and products offered by Seasons 
• Applied for a job with Seasons (but not a current or former employee) and 
• A current or former Seasons employees, including contractors and volunteers and students completing placement; 

We hold personal information about you. 

If you are unsure if we hold personal information or whether this is a policy applies to you, please contact our team (contact information can be found at the bottom of this policy). 

3.0 Contact Details

If a resident, employee, or individual wishes to discuss a matter relating to privacy with Seasons they can approach the relevant Community Manager, at a Seasons Community, or alternatively contact Seasons Support Office via email at a.brendale@seasonsliving.com.au

4.0 Information Collection

There are two classes of information defined under the Privacy Act – personal information and sensitive information. Seasons will only collect either type of information if it is deemed reasonably necessary for the business needs and activities. 

4.1 Personal Information

Personal information includes, but is not limited to: 

• Your name, date of birth and contact details; 
• Information necessary for the payment of regular charges and services provided by Seasons to you; 

• Anyone you have chosen, or who has been appointed to act on your behalf, including friends or relatives, next of kin, persons appointed as a Power of Attorney.  
• Photography and videography captured of you (with your consent, either verbal or via the Seasons Living Media Consent Form), and;  
• Records of our interactions with you such as emails, letters and notes.  
• Any other information necessary for our administration and effective business planning.  

The personal information Seasons Living collects about you depends on your interaction with us as an employee, client, resident, contractor, resident, or volunteer. We will take such steps as are reasonable in each circumstance to ensure that the personal information we collect is accurate, up-to-date, and complete.  

The Privacy Act defines “personal information” to mean information or an opinion (including information or an opinion forming part of a database). Whether true or not and whether recorded in a material form or not about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion. 

4.2 Sensitive Information

Sensitive information is a subset of personal information. It means information or opinion about an individual’s racial or ethnic origin, political opinions, membership of political organizations, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record, or health information about an individual. 

Sensitive information Seasons may collect includes, but is not limited to; 

• Health related information; 
• Information about your religion, race, or ethnic origins; 
• Sexual preferences or practices; or 
• Criminal record. 

Seasons will not collect this information without consent from the relevant party. Seasons may seek to collect this information where we provide, or propose to provide, health or community care related services to an individual.  

4.3 Anonymity

Where lawful and practicable Seasons allows individuals to participate in activities anonymously (e.g.: when completing evaluation forms, opinion surveys or general feedback). Anonymous compliments and complaints about any aspect of Seasons services, including privacy matters, can be submitted to the relevant Community Manager or the Seasons Support Office. 

Seasons does not share collected information other than within the terms of the consent given by the relevant party, or where an exception exists, and we are able to do so for example in a medical emergency. 

5.0 Collection Methods for Information

Seasons collects personal information about people from a variety of sources. This includes but is not limited to interactions with our internal teams: Sales and Marketing teams, Business Development, Accounts, Compliance, Community Operations, Human Resources, as well as the Seasons website, the Seasons Flexi Lease Communities website, Seasons social media pages, onsite video surveillance and security cameras in Seasons communities.  

Seasons will generally collect personal information directly from the relevant party, including but not limited to; any of our standard Seasons agreements, contracts, or forms, in person during a consultation, over the internet, via email, via text message, via video communications, over security CCTV (Closed Circuit TV) or through a telephone conversation.  

There may, however, be some instances where Seasons will collect personal information from someone else because it is unreasonable or impractical to collect it directly from the relevant party. In such a case, Seasons will take reasonable steps to notify the relevant party of this in advance, or where this is not practicable, as soon as reasonably practicable after personal information has been collected. 

If an employee, resident, relevant persons do not consent to us collecting health or other sensitive information then Seasons will not be able to do so, unless an exception applies. An exception may occur in the case of an emergency, where the collection of such information without a permission being reasonably obtained may reduce the risk to health, safety, or pose a life-threatening situation. 

Alternatively, where collection of information is authorised or required under Australian law. 

5.1 Internet Users

Customers, residents and employees or any relevant party that accesses the Seasons website, Seasons Flexi Lease Communities website and Seasons social media pages, may have additional personal information collected about them, such as in the form of an IP address and domain name. By visiting the Seasons websites or social media pages, an individual consents to your personal information being handled by us as set out in this Privacy Policy. Seasons may also collect data from our websites and social media pages using various data capturing technologies, including ‘cookies.’ You may configure your browser to disable cookies.  

The Seasons website may contain links to other websites. Seasons are not responsible for the privacy practices of linked websites and linked websites are not subject to Seasons Privacy policies and procedures. 

5.2 Closed Circuit TV (CCTV)

CCTV recording devices are in place within common areas to ensure the safety and security of residents, visitors, and employees. The CCTV footage may only be used to investigate incidents, accidents, and issues that could potentially negatively impact on an individual’s health and wellbeing, and any issue related to the continued safety and health of residents, visitors, or employees. CCTV footage can be downloaded and held, if necessary, as part of an ongoing investigation, with footage saved to file and held securely.  

CCTV footage remains the property of Seasons and will only be available to management, the police, and some government agencies in limited circumstances.  

If there is a legal requirement for a copy of the footage, it will only be made available in keeping with our responsibilities as required by relevant State or Federal Government Departments, and with written clearance from Seasons legal team or representatives.  

To protect the privacy of Seasons employees and other onsite visitors at our communities, in accordance with Section 227A of the Queensland Criminal Code, we do not condone the use of private, CCTV or video surveillance from our residents and other employees. While Seasons acknowledges that residents own their own home and right to reside in Seasons communities, the unauthorised installation of surveillance cameras is in breach of our Seasons agreement, including Annexure E, clause 2 (a) You will respect staff members’ human, legal and industrial rights, including the right to work in a safe environment. For residents wishing to use camera surveillance in their apartment an application should be made in writing to ensure the relevant privacy policies and procedures are being followed.  

6.0 Information Management

Seasons will only use personal information for the reasons Seasons collected it or allied purposes as explained in this policy. For residents of Seasons communities, and employees of Seasons we collect and use personal information so that Seasons can effectively manage the operations of the business. 

Examples of how Seasons collects, holds and/or uses resident privacy information are: 

• The verification of the resident. 

• The resident’s occupation or visitation of one of the Seasons communities. 
• To keep a resident’s personal information record to assist Seasons operations in contacting residents as required. 
• To assist administration and management of Seasons services and business systems.  
• To advise a resident’s nominated next of kin or representatives of an emergency medical situation so that support can be provided. 
• To keep records of accidents or injuries in the community that relevant parties report to Seasons for WHS review and insurance purposes. 

• To collect and store resident bank account details so that Seasons can arrange direct debit of Seasons monthly fees and other charges. 
• To assist Seasons in the future planning of its business. 
• Any other matters reasonably necessary to manage and administer the Seasons Communities and comply with Seasons Living Australia PTY LTD obligations under the Retirement Villages Act (Qld).  

Examples of how Seasons collects, holds and/or uses employee privacy information are: 

• The verification of the employee. 

• To keep an employee personal information record to assist Seasons operations in contacting employees as required. 
• To advise an employee’s nominated next of kin or representative of an emergency medical situation so that support can be provided. 
• To keep records of accidents or injuries in the community that employees report to Seasons for WHS review and insurance purposes. 
• To collect and store employee bank account details so that Seasons can arrange payment of services and works completed for Seasons. 
• To assist Seasons in the future planning of its business. 

• To assist in the resolution of complaints made by or against an employee.  
• Any other matters reasonably necessary to manage and administer the Seasons Communities and comply with Seasons Living Australia PTY LTD obligations under the Retirement Villages Act (Qld) 1999. 

7.0 Use and Disclosure of Information

Seasons will not use collected information other than for the purposes defined in this policy. Generally, primary purposes can include: 

• Conducting our business, 
• Providing our services, 
• Assessing applications for and managing and enhancing services, 
• Assessing or investigating complaints, incidents, or misconduct, 
• Responding to enquiries and complaints, 

• Complying with obligations to relevant government authorities and bodies such as Department of Human Services, State or Federal Health Departments, The Aged Care Quality and Safety Commission, State Coroner, and the Office of the Health Ombudsman.  
• Providing company updates, 
• Assessing applications from prospective employees, contractors, or volunteers,  
• Complying with legal obligations.  

Occasionally it may be necessary to pass information to external professionals and contractors. Where personal information is passed to a third-party, Seasons will take all reasonable steps to ensure the information is treated in accordance with Australian Privacy Principles guidelines, and that confidentiality of information is maintained. 

Seasons undertakes to only disclose information: 

• When it is disclosed or used for a purpose related to the primary purposes of collection detailed above and the relevant party would reasonably expect their personal information to be used or disclosed for such purpose, 
• If Seasons reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health, or safety or to lessen or prevent a threat to public health or safety 
• If Seasons have reason to suspect that unlawful activity has been, or is, engaged in or, 
• If it is required or authorised by law. 

In the event Seasons propose to use or disclose such personal information other than for reasons in above, Seasons will first seek the relevant party to consent prior to such disclosure or use. 

7.1 Disclosure to a Persons Responsible or Authorised Person

A ‘person responsible’ or ‘authorise person’ can be an enduring power of attorney, parent, child, sibling, a spouse, relative, member of the individual’s household, a guardian, a person who has an intimate personal relationship with the individual or a person nominated by the individual to be contacted in case of an emergency, provided they are over the age of 18 years.  

Seasons may disclose relevant health information about an individual to a person who is responsible, as defined in this policy, if: 

• Seasons is satisfied that either the disclosure of information is necessary to provide appropriate treatment or care, is made for compassionate reasons or is necessary for the purposes of undertaking a quality review of services; 

• An individual is incapable of giving consent or communicating consent;  
• The disclosure is not contrary to any wish previously expressed by the individual that Seasons is aware, or of which Seasons could reasonably be expected to be aware and the disclosure is limited to the event reasonable and necessary for providing treatment or care.  

7.2 Trans border data flows

Any other use or disclosure Seasons make of personal information will only be as requested by law or as permitted by the Privacy Act (Cth) 1988, by this Privacy and Confidentiality Policy or otherwise with the relevant party’s consent. Seasons will not sell personal information to other groups or organisations.  

7.3 Direct Marketing

Seasons may use your personal information to contact you to provide you with information about products and services offered, including those of related entities and business partners, that may be of interest to you. By engaging with Seasons, you consent to us using your information for direct marketing purposes, unless you have contacted us to withdraw your consent. Our contact details are available in this policy if you wish to apply to no longer receive marketing communications from Seasons, and your request will be actioned within 10 working days.  

8.0 Security of Privacy Information

Seasons holds personal information via a combination of physical records and electronic database storage. The physical records are safely kept within secure office areas and accessed by authorised Seasons employees who are trained and familiar with Seasons Privacy policies and procedures. 

Personal information stored by electronic means is protected by electronic security and software. Seasons communities do not host or store any servers or any electronic data storage facilities on site. 

Seasons takes all reasonable steps to ensure that the personal information collected and stored is protected against misuse, loss, unauthorised access, modification, or disclosure. This includes the following measures: 

• Secure physical storage of documents; 
• Appropriate security measures on premises we occupy; 

• Network and communications security measures and policies; 
• Monitoring, compliance and quality system procedures.  

Non-current information is archived in secure premises in accordance with our Data Retention and Disposal Policy. 

We cannot guarantee the security of all information transmitted to Seasons via the internet.  

Seasons will keep information collected for as long as it is required to be able to provide the intended service(s) or to meet legal and regulatory requirements. If we no longer require personal information for any purpose, we will take steps to permanently de-identify or securely destroy it in line with our Data Retention and Disposal policies and procedures.  

9.0 Maintaining the quality of personal information

Seasons seeks to ensure through all reasonable means, that the personal information collected, stored, and used is accurate and up to date. If at any time Seasons becomes aware that the information held is inaccurate or misleading, or a relevant person asks to correct or update any information held, Seasons will take all reasonable measures to rectify and ensure the information held is correct and accurate and does not misinform or mislead. 

If a request to correct information held by Seasons is refused, Seasons will give the requestor the reason and justification of the refusal and provide information on Seasons complaints process should the requestor wish to formally lodge a concern about Seasons decision. 

10.0 Accessing Information

Residents, employees, and relevant individuals of Seasons that have information stored about them are entitled to, at any time on formal request, ask for access to that information. 

Seasons will respond to any requests in both a reasonable and practicable manner and time. To obtain access to personal information, the relevant individual will have to provide Seasons proof of identity. This is necessary to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected. 

Season will take all reasonable steps to provide access to personal information within 30 days from individual’s request.  

If access to personal information is refused, Seasons will provide a written explanation of the reasons for the decision and details of the complaint’s procedure if the individual wishes to lodge a formal objection about the refusal. 

Exceptions to the right to access information held about an individual include but are not limited to; 

• Seasons reasonably believes that giving access would pose a serious threat to the life, health, or safety of any individual, or to public health or public safety;
• Giving access would have an unreasonable impact on the privacy of other individuals;
• The request for access is frivolous or vexatious;
• The information relates to existing or anticipated legal proceedings between Seasons and the individual, and would not be accessible by the process of discovery in those proceedings;
• Giving access would reveal Seasons’ intentions in relation to negotiations with the individual in such a way as to prejudice those negotiations;
• Giving access would be unlawful;
• Denying access is required or authorised by or under an Australian law or a court/tribunal order;
• Seasons has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to its functions or activities has been, is being or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;
• Giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; and
• Giving access would reveal evaluative information generated within Seasons in connection with a commercially sensitive decision-making process.

11.0 New Residents and Employee Information

New Residents entering a Seasons community are made aware of the Privacy Policy and advised they can view it on the Seasons website or request a copy from their Community Manager. 

New Seasons employees receive onboarding documentation and information, which details our privacy policy. Relevant documentation such as the Employee Handbook detail the management of employee information.  

12.0 Openness and Transparency

Seasons shall make its Privacy Policy available via the Seasons website, Seasons Flexi Lease Website or via relevant HR software. The Privacy Policy in its entirety can be made readily available upon request to the Seasons Community Manager verbally or in writing. 

An individual may also contact the Seasons Support Office to request a copy of the Privacy Policy. 

13.0 Breach of the Privacy Policy

Where a breach of the Seasons Privacy Policy is suspected or reported the Seasons management must be notified of the suspected or reported breach as soon as practicable by the individual who has identified the breach or potential breach. 

The Seasons management will consult with relevant Seasons personnel regarding the management of a suspected or reported breach. The Seasons management may determine how the suspected or reported breach is managed after consultation with relevant Seasons personnel. 

Seasons personnel responsible for notifying Seasons management of the breach or suspected breach of the Privacy and Confidentiality Policy shall prepare a report for the Seasons management as soon as practicable dealing with: 

• The background to the breach or suspected breach;
• How the breach or suspected breach occurred;
• What measures were taken to remedy or ameliorate the breach or suspected breach; and
• What processes or procedures have been implemented to prevent a repeat of the situation.

Seasons management will keep a record of all suspected and reported breaches of the Privacy and Confidentiality Policy and their outcome and will report breaches to Seasons insurer. 

13.1 Privacy concerns, complaints and suggestions

Concerns, complaints, and suggestions regarding privacy matters can be made verbally, if relevant, to a Seasons Community Manager or in writing to Seasons Support Office via the following: 

Email: a.brendale@seasonsliving.com.au  

Address: Building 5, Level 2, 205 Leitchs Road, Brendale, QLD 4500 

At all times, privacy concerns, complaints and suggestion will: 

• Be treated seriously, 
• Be dealt with under the Seasons Feedback & Complaints Policy and processes, 
• Be dealt with as promptly as possible, 

• Be dealt with in a confidential manner, and 
• Not affect existing obligations or affect any commercial arrangement. 

Seasons management delegate will conduct a thorough investigation into the concern, complaint, or suggestion. All complainants will receive notification of the status of the concern, complaint or suggestion and will be informed of the outcome following completion of the investigation. 

If the complainant is not satisfied with Seasons response to a concern, complaint or suggestion, the Australian Privacy Commissioner can be contacted. Further details can be found at www.oaic.gov.au